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HomeMy WebLinkAbout01-17-2006 Minutes NA MINUTES NUISANCE ABATEMENT HEARING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 17,2006 ****************************************************************** CALL TO ORDER The regular Nuisance Abatement Hearing was called to order by Building & Safety/Code Enforcement Manager Chipman at 4:30 P.M. ROLL CALL PRESENT: BOARD MEMBERS: WATTS & FAGAN ABSENT: BOARD MEMBERS: NONE Also present were: Building & Safety/Code Enforcement Manager Chipman, Senior Code Enforcement Officer Gordon, and Office Specialist Porche. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Tim Fleming. PUBLIC COMMENTS None CONSENT CALENDAR 1. The following Minutes were approved: 1A: November 15, 2005 Nuisance Abatement Hearing IB: December 20, 2005 Nuisance Abatement Hearing MOVED BY CHAIRWOMAN WATTS, SECONDED BY BOARD MEMBER FAGAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Agenda Item No Page of PAGE 2 - NUISANCE ABATEMENT MINUTES - JANUARY 17,2006 PUBLIC HEARINGS 2. 539 Lake Street. Lake Elsinore. CA Chairwoman Watts requested Senior Code Officer Gordon to give an overview of the property. Senior Code Enforcement Officer Gordon stated that this property involves a sing1e- family home that is in violation due to debris that has accumulated in the front and rear of the property. She stated that the owners received notification on November 17,2005 and stated that they would have the debris removed. She stated at the last follow up inspection of the property it appeared that no progress had been made. She indicated that the Habitat for Humanity brought in a large dumpster in addition to building a front porch for the owners. She stated that they also removed a large amount of debris from the premises. However, no other progress has been made to reflect any clean up. Senior Code Enforcement Officer Gordon stated that based on the evidence that the owner is not complying with cleaning up the property, Staff recommends to the Nuisance Board that this property be declared a Public Nuisance. Senior Code Enforcement Officer Gordon noted that adjacent to the property and new development of a single-family home is being constructed. She stated that the developer intends on constructing a 6-foot block wall which would screen the view of the debris in the rear yard. She stated that the City generally dismisses the case if the wall would screen yard. Chairwoman Watts asked Senior Code Enforcement Officer Gordon if the wall has been constructed. Senior Code Enforcement Officer Gordon stated "No". Board Member Fagan stated that it appeared that the owners of the property were using the property as a storage facility. He recommends having the property declared a Public Nuisance. Chairwoman Watts concurred. Chairman Watts concurred and requested a Motion. MOVED BY BOARD MEMBER FAGAN, SECONDED BY CHAIRWOMAN WATTS AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY AT 539 LAKE STREET A PUBLIC NUISANCE. Agenda Item No Page of PAGE 3 - NUISANCE ABATEMENT MINUTES - JANUARY 17,2006 3. 17037 Lakeshore Drive. Lake Elsinore. CA Chairwoman Watts requested Senior Code Officer Gordon to give an overview of the property. Senior Code Enforcement Officer Gordon stated that this case involves a commercial property with an established building and business. She stated that the property owner was notified by the Public Works Division to remove a diseased tree. She stated that when the owner did not respond to the letters from the Public Works Division, Code Enforcement was contacted and notified the property owner. She stated that the property owner has since removed the dead tree. Senior Code Enforcement Officer Gordon stated that since the tree has been removed, she recommends to the Nuisance Board that this case be dismissed. Chairwoman Watts concurs with Staffs recommendation Board Member Fagan concurs with Staffs recommendation and made a Motion to close the case. MOVED BY BOARD MEMBER FAGAN, SECONDED BY CHAIRWOMAN WATTS AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DISMISS THE CASE AT 17037 LAKESHORE DRIVE. 4. 16871 Sannelle Street. Lake Elsinore, CA Chairwoman Watts requested Senior Code Enforcement Officer Gordon to give an overview of the property. Senior Code Enforcement Officer Gordon stated that this case involves an undeveloped piece of land that has a manufactured home placed on the lot without any building permits. She stated that the property owner has submitted plans for the manufactured home, however has not obtained any permits to date. Senior Code Enforcement Officer Gordon stated that the City has notified the property owner regarding the manufactured home, but the owners have not made any progress. She stated the Staff recommends that the property be declared a Public Nuisance. She noted that the City has received some correspondence from an attorney representing the Bendey Foundation, who indicated that bankruptcy actions have been filed. However she stated that she is not aware if the filing applies to this property. She stated that Staff recommends that this property be declared a Public Nuisance. Chairwoman Watts requested clarification if the owner has obtained any permits. Agenda Item No Page of PAGE 4 - NUISANCE ABATEMENT MINUTES - JANUARY 17,2006 Building and Safety and Code Enforcement Manger Chipman concurred that no permits have been flied, and recommends declaring the property ~. Public Nuisance. Chairwoman Watts concurs. Board Member Fagan concurs. Chairwoman Watts requested a Motion. MOVED BY CHAIRWOMAN WATTS, SECONDED BY BOARD MEMBER FAGAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY AT 16871 SANNELL STREET A PUBLIC NUISANCE. 5. 17271 DeBrask Avenue. Lake Elsinore. CA Chairwoman Watts requested Senior Code Officer Gordon to give an overview of the property. Senior Code Enforcement Officer Gordon stated that this property is very similar to the Sannelle property as it is the same property owner and is also an undeveloped piece of land. She stated that the owner also placed a manufacture home on this property without any required permits for the construction. She stated that the property is currently on the market and was notified of the Hearing. Senior Code Enforcement Officer Gordon recommends that this property be declared as a Public Nuisance. Chairwoman Watts concurred with Staffs recommendations. Building & Safety/Code Enforcement Manager Chipman stated that he has discussed the issue of the owner filing bankruptcy and stated that until the City receives legal notification on the two properties owned by the Bentley Foundation that the City will continue with the Public Nuisance procedures. Board Member Fagan concurred with Staffs recommendations. Chairwoman Watts concurred and requested a motion. Agenda Item No Page of PAGE 5 -NUISANCE ABATEMENT MINUTES -JANUARY 17,2006 MOVED BY BOARD MEMBER FAGAN, SECONDED BY CHAIRWOMAN WATTS AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY AT 17271 DEBRASK AVENUE A PUBLIC NUISANCE. INFORMATIONAL ITEMS None CODE ENFORCEMENT COMMENTS Senior Code Enforcement Officer Gordon stated that she is pleased to say that the Code Enforcement Division will be getting new uniforms that have a more casual appearance. She indicated that this help tone down the look of the officers to make it a more user-friendly appeal. NUISANCE ABATEMENT BOARD COMMENTS None ADJOURNMENT MOVED BY CHAIRWOMAN WATTS AND SECONDED BY BOARD MEMBER FAGAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE NUSIANCE ABATEMENT MEETING AT 4:50 P.M. Next Nuisance Abatement Hearing will be conducted on February 21,2006. XtrVU~~ tJ~ Lorraine Watts, Chairwoman Respectfully Submitted, ') .. I) 1; (IA1t1 (' r{)r(~- Dana C. Porche' Office Specialist III A TrEST: Agenda Item No Page of PAGE 6-NUISANCE ABATEMENT MINUTES -JANUARY 17,2006 ~k.~ Robin Chipman, Secretary to the Board Agenda Item No Page of MINUTES NUISANCE ABATEMENT HEARING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, FEBRUARY 14,2006 ****************************************************************** CALL TO ORDER The regular Nuisance Abatement Hearing was called to order by Building & Safety/Code Enforcement Manager Chipman at 4:30 P.M. ROLL CALL PRESENT: BOARD MEMBERS: WATTS & FAGAN ABSENT: BOARD MEMBERS: NONE Also present were: Building & Safety/Code Enforcement Manager Chipman, Senior Code Enforcement Officer Gordon, Code Enforcement Officer Slater, and Office Specialist Porche. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Code Enforcement Officer Slater. PUBLIC COMMENTS None CONSENT CALENDAR 1. The following Minutes were approved: None Office Specialist Porche' indicated that the Minutes from the January 17, 2006 had not been completed and requested the Board to review them at the next Nuisance Hearing. Agenda Item No Page of PAGE 2 - NUISANCE ABATEMENT MINUTES - FEBRUARY 15,2006 PUBLIC HEARINGS 2.16821 McPherson Avenue, Lake Elsinore, CA Board Member Fagan asked Code Enforcement Officer Slater to give an overview of the property. Code Enforcement Officer Slater stated that this property involves a single-family home that is in violation due to excessive weeds, trash and debris in the public view. He stated that he has received complaints from the neighbors that the property could be considered a fire hazard. Code Enforcement Officer Slater stated that an inspection was conducted and a warning notice was issued to the owners. He indicated that the owner did not correct the problem. He stated that there have been several attempt to get the owners to comply, but have not been successful. Code Enforcement Office Slater stated that based on the facts that several attempt have been made to clean up the area, and the owner failed to due so, he recommends to the Board that this property be declared a Public Nuisance. Building and Safety/Code Enforcement Manager Chipman asked if the owners or occupants were notified by mail. Code Enforcement Officer Slater stated that they were notified by certified mail. Building and Safety/Code Enforcement Manager Chipman asked if he received a signed receipt from the certified mail. Code Enforcement Officer Slater stated yes. They were signed by Sally Highland on January 6, 2006 & January 9, 2006. Senior Code Enforcement Officer Gordon indicated that Sally Highland is the owner. Chairman Watts asked if the property is vacant. Code Enforcement Officer Slater stated that the property appears to be occupied. Board Member Fagan recommended to have the property declared a Public Nuisance, since there have been no attempts to clean up the property. Chairman Watts concurred and asked for a Motion. MOVED BY BOARD MEMBER FAGAN, SECONDED BY CHAIRWOMAN WATTS AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY AT 16821 Agenda Item No Page of PAGE 3 - NUISANCE ABATEMENT MINUTES - FEBRUARY 15,2006 MCPHERSON AVENUE A PUBLIC NUISANCE. INFORMATIONAL ITEMS NONE CODE ENFORCEMENT COMMENTS None NUISANCE ABATEMENT BOARD COMMENTS None ADJOURNMENT MOVED BY CHAIRWOMAN WATTS AND SECONDED BY BOARD MEMBER FAGAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE NUSIANCE ABATEMENT MEETING AT 4:40 P.M. Next Nuisance Abatement Hearing will be conducted on March 21, 2006. x:,2<<,:V pJ~ Lorraine Watts, Chairwoman Respectfully Submitted, k7 ~ y , .:' (/ (X/ie ( (}/fCtZR, Dana C. Porche' Office Specialist III A TrEST: ~k~ Robin Chipman, Secretary to the Board Agenda Item No Page of MINUTES NUISANCE ABATEMENT HEARING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, APRIL 18, 2006 ****************************************************************** CALL TO ORDER The regular Nuisance Abatement Hearing was called to order by Loraine Watts, Chairwoman of the Board at 4:30 PM ROLLCALL PRESENT: BOARD MEMBERS: WATTS ABSENT: BOARD MEMBERS: FAGAN Also present were: Senior Planner Harris, Code Enforcement Officer Slater, and Office Specialist Porche. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Tim Fleming, citizen of Lake Elsinore. PUBLIC COMMENTS None CONSENT CALENDAR 1. A. Minutes of January 17, 2006 B. Minutes of February 14,2006 Chairwoman Watts indicated that she would not be able to approve any of the Minutes that were included in the Agenda packet since Board Member Fagan would not be able to vote. Agenda Item No Page of PAGE 2 - NUISANCE ABATEMENT MINUTES - APRIL 19, 2006 PUBLIC HEARINGS 2. 31775 Machado, Lake Elsinore. CA APN: 378-243-113 Chairwoman Watts opened the Public Hearing at 4:30 pm and requested Code Enforcement Officer Slater to give an overview of the property. Code Enforcement Officer Slater indicated that this property is a vacant lot that is in violation with inoperable vehicles, overgrown weeds, trash and debris through-out the property. He indicated that the owner has failed to respond to any of the notices that have been mailed by certified mail. He noted that he recendy viewed the property and observed no changes. Therefore, he stated that it is Staffs recommendation to declare the property a Public Nuisance. Chairwoman Watts asked if anyone wished to speak for or against this property. There being no comments from the public, Chairwoman Watts brought the discussion back to the table. Senior Planner Harris stated that due to the fact that the owner has not attempted to clean up the property, he concurs with Staffs recommendation to declare the property a Public Nuisance. Chairwoman Watts also concurred to declare the property a Public Nuisance and requested a Motion. MOVED BY CHAIRWOMAN WATTS, SECONDED BY SENIOR PLANNER HARRIS AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY AT 31775 MACHADO, APN 378-243-013 A PUBLIC NUISANCE. 3. Vacant Lot on Granite Street. Lake Elsinore APN: 377-311-004 Chairwoman Watts requested the reading of the Staff Report. Code Enforcement Officer Slater stated that this property is located between 416 and 410 Granite. He stated that he observed the lot early this morning and notice no changes of improvement. He also stated that he has had no contact from the owners of the property. Code Enforcement Officer Slater stated that based on the evidence, he recommends to the Board that this case be declared a Public Nuisance. Chairwoman Watts stated that she concurs with Staffs recommendations and recommends declaring the property a Public Nuisance. Senior Planner Harris stated that he concurs with Staffs recommendations. Agenda Item No Page of PAGE 3 - NUISANCE ABATEMENT MINUTES - APRIL 19,2006 Chairwoman Watts requested a Motion. MOVED BY CHAIRWOMAN WATTS, SECONDED BY SENIOR PLANNER HARRIS AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE VACANT LOT BETWEEN 416 AND 410 GRANITE, APN 377- 311-004 A PUBLIC NUISANCE. 4. 602 W. Pottery Street. Lake Elsinore APN: 374-044-005 Chairwoman Watts requested Ms. Carol Miller to approach the podium. Carol Miller, 602 W. Pottery, Lake Elsinore stated that she is the owner of the property and concurs that the property is a mess. She stated that she is trying to clean up the area, but doesn't have the proper equipment such as a truck. Code Enforcement Officer Slater stated that this property is in violation of having inoperable vehicles on the property. He indicated that Staff has made several attempts to get the owner to clean up the property, but has made no effort to have the vehicles removed. Code Enforcement Officer Slater stated that he was able to speak with Ms. Miller today at her residence. Ms. Miller stated that one of the three vehicles in the driveway does not belong to her. She indicated to Officer Slater that she is currently working with the DMV to resolve a way to move the vehicle off her property. Officer Slater stated that he works with a program in the City that works with youths who need community service hours in order to graduate from High School. He stated that her neighbor is offering to help out with cleaning up her property. He stated that based on this new information, he is requesting the Board to give the owner a 30-day extension to clean up the property. Ms. Miller asked the Board if this neighbor would also be able to help her paint. Code Enforcement Officer Slater stated that the youth would only be able to provide services that would not be a safety hazard to his/her health. Chairwoman Watts agreed to give the owner a 30-day extension which would give her until May 18, 2006 to clean up the property. Senior Planner Harris agreed to give the owner a 30-day extension. 5. 1111 W. Pottery Street. Lake Elsinore APN: 374-025-014 Chairwoman Watts requested the reading of the Staff Report. Agenda Item No Page of PAGE 4 - NUISANCE ABATEMENT MINUTES - APRIL 19,2006 Code Enforcement Officer Slater stated that property is in violation with inoperable vehicles, vehicles parked on the lawn, and lack of landscaping. He indicated that after several field inspections covering several months time, the owner has removed one of the two inoperable vehicles but failed to address the lack of landscaping and the other inoperable vehicle. He noted that since the original Notice of Violation, the property has accumulated additional items such as non-working appliances in public view. Code Enforcement Officer Slater stated that based on the information, he recommends to the Board that this property be declared a Public Nuisance. Chairwoman Watts stated that based on the evidence that was provided to the Board she concurs with Staffs recommendation to declare the property a Public Nuisance. Senior Planner Harris concurs with Chairwoman Watts, and recommends that the property be declared a Public Nuisance. MOVED BY SENIOR PLANNER HARRIS, SECONDED BY CHAIRWOMAN WATTS AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY AT 1111 POTTERY APN: 374-025-014 A PUBLIC NUISANCE. 6. 312 Lowell Street. Lake Elsinore APN: 374-043-008 Chairwoman Watts requested the reading of the Staff Report. Code Enforcement Officer Slater stated that this property is a vacant lot that has an RV parked on the property in addition to appliances in the yard and overgrown weeds. He stated that numerous correspondence have been sent to the property owner, however the owner has not responded. He indicated that based on this information he recommends to the Board to declare this property a Public Nuisance. Senior Planner Harris asked if the property was fenced off to the public. Code Enforcement Officer Slater said "No". Senior Planner Harris stated that based on the evidence provided, he recommends that the property be declared a Public Nuisance. Chairwoman Watts concurred with Senior Planner Harris. Chairwoman Watts closed the Public Hearing at 4:45 PM and requested a Motion. Agenda Item No Page of PAGE 5 - NUISANCE ABATEMENT MINUTES - APRIL 19, 2006 MOVED BY SENIOR PLANNER HARRIS, SECONDED BY CHAIRWOMAN WATTS AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY AT 602 W. POTTERY APN: 374-043-008 A PUBLIC NUISANCE. INFORMATIONAL ITEMS None STAFF COMMENTS Code Enforcement Officer Slater commented on the following: . Senior Code Enforcement Officer Gordon retired in March 2006. Office Specialist Porche' commented on the following: . Code Enforcement Officer Scofield will be leaving the City to become a Police Officer for the City of Hemet. His last day would be April 28, 2006. . Informed the Board of all the current job openings in the City and where they are listed for the public view. Chairwoman Watts suggested having the job postings also posted in the Library, or some public agency where the public can easily view the openings. ADJOURNMENT MOVED BY CHAIRWOMAN WATTS AND SECONDED BY SENIOR PLANNER HARRIS AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE NUSIANCE ABATEMENT MEETING AT 4:54P.M. Agenda Item No Page of PAGE 6 - NUISANCE ABATEMENT MINUTES - APRIL 19, 2006 ~~~ Lorraine Watts, Chairwoman Respectfully Submitted, JJa~,~ (! c 1~1JI!tJ Dana C. Porche' Office Specialist III A TrEST: ~ ~ /{.~ Robin Chipman, Secretary to the Board Agenda Item No Page of MINUTES NUISANCE ABATEMENT HEARING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JUNE 20, 2006 ****************************************************************** CALL TO ORDER The regular Nuisance Abatement Hearing was called to order by Robin Chipman, Building & Safety/Code Enforcement Manager at 4:30 PM PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chris Hyland, citizen of Lake Elsinore ROLL CALL PRESENT: BOARD MEMBER: FAGAN PRESENT: CHAIRWOMAN: WATTS PRESENT: CODE ENFORCEMENT MANAGER: CHIPMAN Also present were: Code Enforcement Officer Lopez, Code Enforcement Officer Slater, Office Specialist Teyler and Office Specialist Porche. PUBLIC COMMENTS Linda Ridenour resident of Lakeland Village, Lake Elsinore: Concerned with Navel Academy. She is in favor of declaring a nuisance. Tim Fleming resident of Lake Elsinore: Addressed the Lake Elsinore Navel & Military Academy property, as a member of the Lake Elsinore Historical Society Preservation Committee. He asked audience to stand if they agreed with him that all efforts to maintain the integrity and remaining features of this structure and grounds be maintained in the best possible condition. Nancy Daniels, The Garrett Group owner of the Naval Academy: She took over this project ninety days ago. She agreed with Tim Fleming that all efforts should be done to maintain the Navel Academy. She indicated that they are aware that there is a problem out there. Four main issues that need to be addressed: graffiti, constant break-in problem, general clean up, weeds, security issue. She stated they are committed to cleaning up the property and getting it as secured. One of Agenda Item No Page of PAGE 2 - NUISANCE ABATEMENT MINUTES - JUNE 20, 2006 things she intends to do is to meet with police to see if they can get some ongoing patrol. She indicated that the long range plan is to look at the whole forty acres and find some way to save the building. She indicated that they have a request for proposal out to a historic architect. She requested a 30 day extension to show a substantial improvement. Code Enforcement Manager Chipman requested she hold her comments until we actually bring this item up in the Agenda. CONSENT CALENDAR 1. The following Minutes were approved: A. Minutes for April 18, 2006 MOVED BY CHAIRWOMAN WATTS, SECONDED BY CODE ENFORCEMENT MANAGER CHIPMAN, AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. PUBLIC HEARINGS 2. 15900 Grand Avenue. Lake Elsinore Chairwoman Watts opened the Public Hearing at 4:30 p.m. Code Enforcement Manager Chipman requested Code Enforcement Officer Slater give an introduction to this property. Code Enforcement Officer Slater indicated that this property involves the Military Academy a historical monument. Numerous Code Violations exist; areas of concern include open and unsecured buildings, abandoned vehicles, large amounts of trash and debris, broken/missing doors and windows which create an unsafe condition. Also large amounts of broken glass, vandalism, furniture, appliances, graffiti and an overabundance of dead, chopped up trees, and an abandoned boat along the lakeshore. He stated an inspection this afternoon revealed people inside. He indicated based on these conditions, he recommends the Board declare this property a nuisance. He asked this so the City can properly address the concerns of the community and make this property safe in the most expeditious manner possible. Board Member Fagan asked if Code Enforcement Officer Slater first investigated this in March. Code Enforcement Officer Slater concurred. Agenda Item No Page of PAGE 3 - NUISANCE ABATEMENT MINUTES - JUNE 20, 2006 Board Member Fagan inquired if Code Enforcement Officer Slater found out the legal owners were the Garrett Group in May, one month ago. Code Enforcement Officer Slater concurred stating that the City is required to research the legal property owner according to the County Tax records and according to that information the former owner is still listed as the owner of the property. Board Member Fagan asked if all notices were re-mailed out a month ago. Code Enforcement Officer Slater concurred. Code Enforcement Manager Chipman asked if the board members had any comments for Ms. Daniels who represents the Garrett Group. Board Member Fagan stated we should finish listening to Ms. Daniels' comments. Chairwoman Watts asked Ms. Daniels to step to the podium. Ms. Daniels stated the Garrett Group is committed to being good citizens. She would accept the City declaring a nuisance, but would like thirty days to clean it up. Chairwoman Watts inquired if the property could be cleaned up within thirty days. Ms. Daniels stated she believes they could get a significant amount of clean up done. Chairwoman Watts stated that our primary purpose is to see that the rubbish, trash and debris is removed from the property and the building secured. Ms. Daniels stated a fence is up but is continuously cut and knocked down. She indicated a fence company is coming to secure the fence further. She also stated she is aware of trees in the lake and they need to get them out of the lake. She noted that a dumpster had been delivered to the property, they just need more manpower. Code Enforcement Manager Chipman requested a background on the Garrett Group. Are they a developer? Ms. Daniels stated the Garrett Group is a developer. She indicated Paul Garrett is from this area and actually attended the Navel Academy at one point so he does have an interest in the property and building. She also stated the Garrett Group does residential, commercial, office and retail development. Code Enforcement Manager Chipman inquired as to the fact the Garrett Group is a developer; they would have many resources at their disposal in order to get people to clean this property up. He stated Ms. Daniels and he spoke last week wherein he honestly did not see much progress; he saw no work on the building, like she mentioned it is not secure. Agenda Item No Page of PAGE 4 - NUISANCE ABATEMENT MINUTES - JUNE 20, 2006 Ms Daniels stated she spent the week addressing her executive staff regarding with the amount of property they have in their holdings. She stated they have not kept up with their crew situation. She stated she received authority to go outside of the company and hire a separate contactor. She indicated they have met onsite with two separate contractors that are just awaiting paperwork in order to get their contract signed this week. Code Enforcement Manager Chipman inquired as to the scope of work being discussed with the contractors. Ms. Daniels stated they had talked about weed abatement, trash removal and within the contract they will have number of loads that will be hauled out. She indicated they will clean up the glass in the back of the building because at this point all the windows have been broken. She stated they have already spent over $10,000 just repeatedly boarding up the facility. She also stated there is an issue of having a crew come on an ongoing basis and repairing the fence, painting over graffiti and re-boarding up any doors and windows that have been opened. Board Member Fagan inquired as to how many people are on a crew now. Ms. Daniels stated three. Board Member Fagan stated that was a lot of work for crew of three. Ms. Daniels stated that is why they needed to bring in another crew. Board Member Fagan stated if we declared a nuisance that would make the corporation more enthusiastic about coming up with additional funds. Ms. Daniels stated whether we declared it a nuisance or not the same work was going to take place, they are just waiting for the final paperwork with contractors that is why is asking for additional time. Board Member Fagan inquired as to how long a period of time it would take to get the property in accordance with the City laws. Ms. Daniels stated that within the thirty days. She indicated her concern is the entire forty acres and any huge pieces that need to be hauled out, the bulk of the weed abatement, trash and debris removal and the securing of the building can easily be achieved within thirty days. Chairwoman Watts inquired as to once it was all cleaned up was there going to be some type of security. Ms. Daniels stated that they were looking into those issues and whether or not they could get someone on the property. She indicated they want to meet with the police department Agenda Item No Page of PAGE 5 - NUISANCE ABATEMENT MINUTES - JUNE 20, 2006 and talk about additional patrols and get their input as to what they think about getting someone to be on the property due to a security system probably being be vandalized. Chairwoman Watts stated one person living there with forty acres to take care of is quite a bit but if they know someone is there it might make a difference. Ms. Daniels agrees. She stated in looking at the graffiti and the debris with the swat team when they were out there, they agreed it was gang members, drug users, homeless and probably just teens that don't mean a lot of harm who had been visiting the academy. Board Member Fagan inquired as to when the corporation acquired this property. Ms. Daniels indicated she did not look up the date but they did own it when she came aboard on March 1 st. She stated the first notice she received from Mr. Slater she received on May 19th. Chairwoman Watts thanks Ms. Daniels and calls J,J. Swanson-O'Neal to the podium. Ms. Swanson-O'Neal stated the Garrett Group acquired the property in April, 2005 before that it sat vacant for twenty years and we did not have the vandalism that we have now. She stated to Ms. Daniels that she has been dealing with Joel since the Garrett Group took over and they have already had the architect out there to advise them what it would take to bring the building up to snuff. She stated that all the paperwork was given to them in escrow. She indicated that unfortunately she believes there has been more damage done to the property, because the alarm system was never turned on. She indicated last year about nine, ten months ago Mayor Mcgee instructed the Garrett Group to get the alarm system as soon as possible, they agreed, to date no alarm system. Ms. Swanson-O'Neal stated that temporary fencing was put up, plywood put up, but the board up was never complete. She indicated they called numerous times explaining who was breaking in, gave the name and where he lived. She also stated she called and left two messages regarding the name of a person who at the time was willing to move on the property to take care of it, she received no response. She indicated they were also told through the Historical Society the Garrett Company would sit down with us between Thanksgiving and Christmas to have a big sit down to show the plans. She believes the Garrett Group should take the punishment; this has been a year of the community reaching out to the Garrett Corporation saying how can we help you keep this building better. She believes it is a real issue and a real shame. She stated she is in real estate and she understands property rights, she believes this building is not like any other and they knew that coming into the purchase and so this is a big step in the right direction and they do need to be fined. She stated they have done nice articles how they are working with Garrett Corporation in the community and she stated they have not seen anything in return. Chairwoman Watts thanks Ms. Swanson-O'Neal and calls Chris Hyland to the podium. Agenda Item No Page of PAGE 6 - NUISANCE ABATEMENT MINUTES - JUNE 20, 2006 Chris Hyland stated that she recalls a person living on that property where they did not have the problems that they have today. She indicated would like to give them the thirty days and believes they should not be penalized for anything right at this point. She stated that now that we have someone in the office there and she is going to do her best to get this cleaned up, give her thirty days and then charge them. Lakeland Village representative, Linda Ridenour came to podium. She stated they are right there on the edge of the property, stating she has called the police department numerous times. She indicated she works with Sergeant Smith from the County Sheriff. She stated this cannot go on, there are gangs of people, drug activity, unsavory people there, and it needs to be boarded up. She indicated that she has been working on this personally for quite awhile and does not believe anything will make them do it unless they are fined. She stated once they see the fine they will get a crew out there to board it up. She agrees with Ms. Swanson-O'Neal, it was never properly boarded up, they did not do anything to the back and the fence is a joke. She requested that the committee consider fining them. Chairwoman Watts thanked her. She calls Donna Franson to the podium. Ms. Franson stated she does not understand why the police are not responding, when the neighbors call. She brought up what happened to the country club and does not want the school to go up in a puff of smoke. She stated only memorabilia is left and believes police should patrol it more often and that we need more protection for the building and citizens out there. Code Enforcement Manager Chipman states we cannot speak for the police department, we do not have a representative here to speak on their behalf. He asked Shawn if he has any comments on that, he works closely with the Sheriffs, he knows that they have responded numerous times on complaints and that it is an ongoing issue. Code Enforcement Officer Slater answered stating that this whole issue is a work co-op, members of the community call the police department, they respond, if the deputy sees something they can certainly address it and they will. He stated however if the property is fenced off they cannot enter that property without the consent of the owner. He indicated that once Ms. Daniels contacts the police department she can have on f1le a Trespass Order, she will have to put trespassing signs up on the fences, give the police department written permission to access their property in the observation of a crime being committed regarding trespass. He stated that when community members continue to call the police department, the police respond and they do not see anything, they turn the nuisance issues over to Code Enforcement. He states the police department is very interested in this property and they are trying to address it together. Chairwoman Watts thanked him. Code Enforcement Manager Chipman calls Ms. Swanson-O'Neal to approach the podium. Ms. Swanson-O'Neal off microphone stated if there was alarm system, police could respond. Agenda Item No Page of PAGE 7 - NUISANCE ABATEMENT MINUTES - JUNE 20, 2006 Code Enforcement Manager Chipman calls Ms. Hulnado to the podium to speak. Joyce Hulnado resident of Lake Elsinore and member of the Historical Commission stated she agrees when there was a caretaker on the property it never got as bad as it is today. She indicated she cannot believe the damage that had been done to that property or the weeds that have overgrown. She stated she does not understand why it had never been registered as a historical landmark, because there are a lot of grants for historical landmarks. Chairwoman Watts thanked her. Code Enforcement Manager Chipman calls Ms. Daniels back to the podium. He inquired as to what kind of time frame are they looking at to get a contract signed and actually start work. Ms. Daniels stated she checked with the contractors today and she had not received a proposal. She indicated it was her plan to have that contract signed by the end of the week. She commented she did not believe the building was inhabitable for a caretaker so she was looking at getting someone for a trailer. Code Enforcement Manager Chipman agreed the building was not habitable at the present state. He clarified to Ms. Daniels that if the Board does declare the property a nuisance in ten days we would have the jurisdiction to go in and abate the nuisance with the City's direction and the City will get it done as fast as possible with a lien being placed against the property. Ms. Daniels stated she understood. Code Enforcement Manager Chipman stated he just wanted to make sure she understood the process. Board Member Fagan asked if progress was being made prior to the ten days the City could delay any action. Code Enforcement Manager Chipman explained the property could be declared a nuisance today and if the owners of the property make substantial progress within that time frame, we can choose to extend that. Board Member Fagan discussed declaring the property a nuisance. Ms. Daniels interjected she was not arguing with the folks at The Garrett. She indicated they were very committed to doing that. Board Member Fagan stated that if they declare it a nuisance it would give Ms. Daniels support in getting the resources allocated to this project. Agenda Item No Page of PAGE 8 - NUISANCE ABATEMENT MINUTES - JUNE 20, 2006 Ms. Daniels stated The Garrett Group is very committed and gave her authority to go out and hire the outside crews. Board Member Fagan stated from the people who live around it, he has not been performing very well in the last couple of years. Ms. Daniels inquired as to the Garret Group as a whole. Board Member Fagan states whoever is interested in this particular piece of property. MOVED BY BOARD MEMBER FAGAN, SECONDED BY CODE ENFORCEMENT MANAGER CHIPMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY AT 15900 GRAND AVENUE, LAKE ELSINORE A PUBLIC NUISANCE. 2. 17360 Shrier Drive. Lake Elsinore APN: 378-157-029 Chairwoman Watts requested Code Enforcement Office Lopez address the next item. Code Enforcement Officer Lopez addressed property 17360 Shrier Drive. Officer Lopez stated he was first made aware of the property on May 9th by Animal Control Office referencing approximately forty roosters/chickens on premises which is a violation of Lake Elsinore Municipal Code, property is zoned R3 which does not allow for any chickens or roosters to be on the property at all. He indicated that Animal Control has an active case against this property owner since February, 2005 regarding these chickens. He stated the property owner has been cited twice into court each time being fined but not removing the chickens per the order so Animal Control requested Code Enforcement's assistance. He indicated he observed and photographed the conditions, spoke with the property owner making it quite clear to him that this was a clear violation of our municipal and zoning codes that there are not to be any chickens at all on the property. He indicated the chickens/roosters are very loud and smell. He stated he served the property owner with a Notice of Violation and explained to him that if he did not remove the chickens in a set amount of time he would be taken before the nuisance hearing board in order to expedite this process. He stated the property has been cited into court on the 22nd of June for the same Issues. Code Enforcement Manager Chipman inquired as to the citation to court if it was from Animal Control. Code Enforcement Officer Lopez concurred. Code Enforcement Manager Chipman inquired if the property owner indicated he would not comply with our orders. Agenda Item No Page of PAGE 9 - NUISANCE ABATEMENT MINUTES - JUNE 20, 2006 Code Enforcement Officer Lopez stated the property owner was very cooperative, very understanding, and fully understood the process explained to him. He stated that according to Animal Control, who was out there, he had been nothing but cooperative as far as attitude and demeanor but fails to comply by getting rid of the chickens. Board Member Fagan inquired as to the City Code regarding the chickens that would be nuisance he would believe it was an Animal Control problem. Code Enforcement Manager Chipman stated it was Animal Control but still part of the Zoning Ordinance for Lake Elsinore. Board Member Fagan stated he could not make out what was "other" on the violation. Code Enforcement Officer Lopez indicated he was basically in violation of Section 17.28.040 Accessory Uses, he is zoned R3 which does not allow for keeping of poultry or chickens or roosters. He stated the only animals that are allowed to be kept in that particular zoned area are household pets, for the purpose of this ordinance a household pet is an animal clearly considered customary to a residential use dogs, cats, birds and fish said pets should be limited to a maximum of three weaned dogs and/or cats, the maximum number of birds and fish will be specified by the City's adopted Animal Control ordinance. Board Member Fagan stated it did not look like he had any chickens. Code Enforcement Officer Lopez indicated the majority were roosters, with a few chickens in the back. Code Enforcement Manager Chipman inquired since the last contact with property owner has he said anything. Code Enforcement Officer Lopez stated the property owner has made no attempts to contact him via phone even after leaving a business card, asking him to call if he had questions or needed additional time to abatement said conditions. Office Lopez indicated on the date of re-inspection and today there was no change at all. He stated he was talking about numerous cages and kennels as well the roosters. Code Enforcement Manager Chipman indicated that he was at a loss as to if declared as a nuisance what the City would do with all the roosters. Code Enforcement Officer Lopez stated Animal Control would be called out. Code Enforcement Manager Chipman inquired as to if the City would have the means to have Animal Control come in and remove them. Code Enforcement Officer Lopez concurred stating with a warrant to abatement roosters, at which time the Animal Control would be included in that warrant and would take over. Agenda Item No Page of PAGE 10 - NUISANCE ABATEMENT MINUTES - JUNE 20, 2006 Board Member Fagan stated as long as Animal Control gets the roosters. Code Enforcement Office Lopez concurred. Chairwoman Watts stated she was there yesterday and does not believe it would be a problem. She indicated they had two geese there. MOVED BY CHAIRWOMAN WATTS, SECONDED BY BOARD MEMBER FAGAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY 17360 SHRIER DRIVE, LAKE ELISNORE, APN: 378-157-029 A PUBLIC NUISANCE. 3. 511 N. Main Street. Lake Elsinore APN: 377-242-020 Code Enforcement Officer Slater stated this was a single family residence on Main Street with him first responding there in December, 2005 with a complaint. He stated once he arrived he looked over the fence saw trash and debris, overgrown trees, possibly even chopped down trees, issued the Notice of Violation and this case went on and on due to shuffling of administrative staff. He stated they have not received any contact from the owners even though he has posted notices, mailed the notices and still nothing. He indicated no changes have been visibly made to the property therefore he requested the Board declare this property a nuisance in order to clean it all up. Code Enforcement Manager Chipman indicated if he was reading the records correcdy the owners have been cited twice. Code Enforcement Officer Slater concurred. Code Enforcement Manager Chipman inquired if he had any contact from the owners after the citations. Code Enforcement Officer Slater indicated no contact, no writing, nothing. Board Member Fagan stated that this had been going on since January. Code Enforcement Officer Slater stated since December 22, 2005. Board Member Fagan inquired if there was anyone there, representatives of the owners. Code Enforcement Manager Chipman stated apparendy not. He stated he did visit the property today and it was in the same condition as the pictures indicate. He is concerned that we were answering to a complaint, if you look at this from Main Street it does not look bad at all, it is not until you get to the side of the property and actually see all the trash and debris and trees. He indicated that he also has an illegal structure that he has failed to deal Agenda Item No Page of PAGE 11 - NUISANCE ABATEMENT MINUTES - JUNE 20, 2006 with showing in the picture. MOVED BY CODE ENFORCMENT MANAGER CHIPMAN, SECONDED BY CHAIRWOMAN WATTS AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY AT 511 N. MAIN STREET, LAKE ELSINORE, APN: 377-242-020 A PUBLIC NUISANCE. STAFF COMMENTS Code Enforcement Officer Slater commented on the following: . Since last hearing our division interviewed and hired two new officers starting on the 26th of May. Code Enforcement Manager Chipman commented on the following: . Two new female officers starting next Monday. He indicated one speaks fluent Spanish, discussed with Officer Shawn Slater regarding switching areas due to the amount of Spanish speakers in that area. He indicated that one would take over the parking enforcement which they both have parking experience. He indicated both are from other jurisdictions and he was looking forward to having them aboard and being full staff. He stated that we do not have Senior Officers as of yet, will address this at a later time. He made an introduction to Tony Romero as a contract employee re-organizing the department as Code Enforcement Supervisor. He also made an introduction to Joyce Teyler as new office specialist for Code Enforcement. BOARD COMMENTS None. ADJOURNMENT MOVED BY CHAIRWOMAN WATTS TO ADJOURN THE NUSIANCE ABATEMENT MEETING AT 5:15P.M. ~~ tJaIb - Loraine Watts, Chairwoman Agenda Item No Page of PAGE 12 - NUISANCE ABATEMENT MINUTES - JUNE 20,2006 Respectfully Submitted, A TIEST: ~-K'~ Robin Chipman, Secretary to the Board Agenda Item No Page of MINUfES NUISANCE ABATEMENT HEARING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JULY 18, 2006 :~*;~;~**:~*;~*;~;~*;~*;~;~:.**;~;~;~;~*;~*;t*:t*;t;t*:t*:t:t:t*:t*:t:t:t:t*=t*:t*:t*=t*:t:t:t*:t=t*:t:t=t:t CALL TO ORDER The regular Nuisance Abatement Hearing was called to order by Robin Chipman, Building & Safety/ Code Enforcement Manager at 4:30 PM PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Code Enforcement Officer Fred Lopez. ROLL CALL PRESENT: BOARD MEMBER: FAGAN PRESENT: CHAIRWOMAN: WATTS PRESENT: CODE ENFORCEMENT MANAGER: CHIPMAN Also present were: Code Enforcement Officer Lopez, Code Enforcement Officer Slater and Office Specialist T eyler. PUBLIC COMMENTS Rod Burdett: Code Enforcement Manager Chipman informed Mr. Burdett that he could speak but he would have an opportunity to speak when his case was presented. Mr. Burdett stated he was not real grounded or clear on this thing. Shirley Coon resident of Lake Elsinore: Mrs. Coon stated she has lived next door to Mr. Burdett for six years. Mrs. Coon indicated when they bought the house that Mr. Burdett was going to be working on his yard and fixing things up. She stated they had gone to court over a fence that never got built that they finished. She indicated she had lots of pictures showing his yard is full of grass which is a fire hazard and wood piled up. She stated he goes out there and works a little bit but never gets it cleaned up. She stated that things get moved from one spot to another. She indicated he has windows that are boarded up which never get repaired. She stated he had a leaky roof and usually puts plastic and cement blocks up there but not this year. She indicated she is worried about a fire so she took a petition around. She stated besides her and her husband there were thirty- Agenda Item No Page of PAGE 2 - NUISANCE ABATEMENT MINUTES - JULY 18, 2006 six signatures. She stated that the front yard he was working to clean it up but now he has big holes in front which he did not fill in. She indicated that nothing is getting done, he did a few things like pull weeds out. She indicated they have a hedge between their properties wherein Mr. Burdett goes out there late at night and waters the hedge and the rocks. She indicated she was afraid that if he gets a fire in his backyard, a few houses were going to get burnt due to a huge Eucalyptus tree and lots of bushes in the back and nothing ever gets trimmed. She indicated Mr. Burdett trimmed one oleander bush by her fence. She indicated again that she has pictures if the Board wanted to see them. She stated he did take a big board down from out front. She indicated that Mr. Burdett or some young boy get a few weeds out, put them in a pile, fill his barrel and when that gets full he leaves the other stuff. She stated he has big telephone poles out there. She indicated that a neighbor's backyard recently caught on file about a week ago. Gary Coon resident of Lake Elsinore: He indicated he concurred with his wife. Johnnie Halliburton: He stated he would wait until his case came up. Chris Hyland resident of Lake Elsinore: Ms. Hyland stated she was here to support Rod a little bit. She stated that talking about cleaning up, she hoped that Code Enforcement would come around to her track because Tiller is a mess. She indicated that there was a car parked there for about a year on Tiller in the rocks off the road, a washing machine out in front of one of those houses for about three or four months, a lot of things need to be cleaned up on Tiller. She indicated Keel and Wave Crest is all pretty good. She stated she would like Code Enforcement to check Tiller Street, specifically Tiller and Machado, wherein she looked over the fence and it was a disastrous place. CONSENT CALENDAR 1. The following Minutes were approved: A. Minutes for June 20,2006 MOVED BY BOARD MEMBER FAGAN, SECONDED BY CODE ENFORCEMENT MANAGER CHIPMAN, AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. PUBLIC HEARINGS Chaitwoman Watts opened the Public Hearing at 4:30 p.m. 2. 415 N. Scrivener. Lake Elsinore. CA Agenda Item No Page of PAGE 3 - NUISANCE ABATEMENT MINUTES - JULY 18, 2006 Code Enforcement Manager Chipman requested Code Enforcement Officer Slater give a synopsis of this case. Code Enforcement Officer Slater indicated that this nuisance case revolves around a Single Family Residence located at 415 North Scrivener. He stated the case originally opened on September 29, 2004. He indicated upon inspection violations included inoperable vehicles, trash and debris, furniture, appliances, construction equipment or supplies in public view. He indicated he issued the property owner a Notice of Violation and they did a neighborhood clean-up on November 6th. He indicated they had numerous juveniles from the community at the residence at that time trying to help clean up but the resident wanted to keep a lot of these things. He stated that unfortunately there was poor follow up. He indicated that during some administrative shuffling the case was misplaced and was not located for sometime. He indicated he picked up the case again in November, 2005 wherein he re-issued a Notice of Violation, re-inspected the property numerous times, and sent out the Warning Notices. He stated they received no telephone calls, no written correspondence and no reply from any knocks at the door. He indicated we followed through with warning letters but did not issue any citations. He indicated that after numerous inspections and lack of improvement, he recommended the case for this hearing for the Board to decide whether to declare it a nuisance or not. He stated as of two days ago he did another inspection, there had been no visible change. He stated there is still numerous vehicles on the property, construction equipment supplies, furniture, appliances and lack of landscaping visible to the public. Code Enforcement Manager Chipman stated he would like to verify the dates, the case action listed as 11/6/06, is that the correct date or was that 11/6/05 for the NE T project. Code Enforcement Officer Slater stated that was an incorrect date. He stated for case action it should read 11/6/2004 which is the date Code Enforcement and juveniles in the community volunteered. He indicated during a Neighborhood Enhancement Team Project in this area, 400 homes were targeted, went door to door doing Code Enforcement inspections for various violations of the Municipal Code and told all the residents in that area if they had any trash, junk or debris, inoperable cars, furniture, appliances to bring them to the curb where the City would dispose of them for free. He indicated that anybody in the neighborhood who did not have the ability financially or physically to get the items to curb we requested they call our office. He stated our Senior Code Enforcement Officer, who is now retired, apparently had communication with the occupant of this residence who did request assistance. He indicated they went onto the property with eight to ten volunteering juveniles to help bring stuff to the curb to get it thrown away. He indicated that the tenants wanted to hang onto a lot of stuff so they had to put it back. He stated it has pretty much stayed where it is ever since. Code Enforcement Manager Chipman asked Mr. Halliburton to address the Board. Chairwoman Watts asked Mr. Halliburton to state his name. Agenda Item No Page of PAGE 4 - NUISANCE ABATEMENT MINUTES - JULY 18, 2006 Mr. Johnnie Halliburton stated he lived at 415 North Scrivener. He stated most of the vehicles on his property have been removed. He stated the vehicles that are there are registered and insured. He indicated that he went through the list that he got in the mail last week and the trailer has been removed, most of the trash has been removed except for what is going to the dump tomorrow and there are numbers on the building and the mailbox. Chairwoman Watts stated that she did not get that. Mr. Halliburton stated he had been cited for no address numbers on the building. He stated there are numbers on the building near the front door. Board Member Fagan stated he went by the property yesterday and he had to assume it was 415. He indicated that he found 417 and then... Mr. Halliburton asked Board Member Fagan if he looked at the mailbox. He stated the numbers are large. Board Member Fagan stated he could not say that he really looked that close to the mailbox. Mr. Halliburton indicated that as you come up Scrivener on the mailbox the numbers are very large and very clear now if you look over the front door there is a tree that adjoins his property and the property next door that partially covers the numbers that are up by the front door. He stated that the front door is not at this end it is at the far end. He again indicated that there are numbers on the door. Board Member Fagan stated he noticed a sliding glass door there. He inquired if that was the front door. Mr. Halliburton stated "No." He indicated that the front door is at the other side of the building. Board Member Fagan stated that was probably why he did not see it. Chairwoman Watts stated she was by the property yesterday and found the address. Mr. Halliburton stated that a lot of that stuff was taken care of today. Chairwoman Watts asked Mr. Halliburton if he removed it today. Mr. Halliburton indicated that vehicles, a trailer and stuff like that was removed today. (})de Enforcement Manager Chipman asked (})de Enforcement Officer Slater to go over the (})de regarding the address numbers being visible from the public right of way. (})de Enforcement Officer Slater addressed Mr. Halliburton stating as of January 3, 2006 when he visited the property the items that he mailed him a notice for were inoperable Agenda Item No Page of PAGE 5 - NUISANCE ABATEMENT MINUTES - JULY 18,2006 vehicles in public view, means any vehicle on your property must be legally licensed and operable on a city street so merely having a current registration and insurance does not make it operable. Mr. Halliburton stated the vehicles since then have been repaired and the Mercedes, the Cadillac, all of those do operate and are licensed and insured. He indicated that the F250 was removed along with the trailer. Code Enforcement Officer Slater asked if the trailer and F250 were removed today. Mr. Halliburton concurred. Code Enforcement Officer Slater indicated that any trash, debris and garbage if those things are in public view they need to be removed from the public view. Code Enforcement Officer Slater indicated anything you have stored in public view such as furniture, appliances, construction equipment, supplies, wheel barrels, ladders those belong in a garage or a shed of some sort. He indicated Mr. Halliburton's property was plagued with numerous items such as these. Mr. Halliburton stated he had them stored on the back side of the garage. Code Enforcement Officer Slater stated they were visible by neighboring properties and the vacant lot in public view. He indicated that as far as the address numbers go, according to our Code the address numbers need to be placed on the front face of your building where it is identifiable from the center of the street. Mr. Halliburton indicated a tree had grown over in front of the numbers. Code Enforcement Officer Slater stated they need to be placed in front of the building identifiable from the center of the street. Mr. Halliburton stated he would cut the tree. Code Enforcement Officer Slated indicated he was there two days ago and ChaiIwoman Watts was there today. Chairwoman Watts stated she was there yesterday. Board Member Fagan stated he was there yesterday and he noticed that there appeared to be considerable amount of trash in the backyard. Mr. Halliburton stated a lot of it had been removed and a lot of it was being hauled off tomorrow. Board Member Fagan inquired if that work was done yesterday and today. Agenda Item No Page of PAGE 6 - NUISANCE ABATEMENT MINUTES - JULY 18, 2006 - Mr. Halliburton concurred. He stated he had been working on it all week Board Member Fagan stated okay and thank you. Code Enforcement Manager Chipman inquired if he could ask Mr. Halliburton a few questIons. Mr. Halliburton agreed. Code Enforcement Manager Chipman indicated he was at a loss as to why it took Code Enforcement to actually bring you to the nuisance hearing to get this kind of response. He stated it appears we made numerous attempts to contact you to get this resolved. Mr. Halliburton stated it was the schedule he had been working. He indicated that he now only works four days a week Code Enforcement Manager Chipman inquired to Mr. Halliburton that if the Board considered a continuance on this matter when would he foresee being able to accomplish all these items and get everything removed. Mr. Halliburton indicated probably two weeks at the most. Code Enforcement Manager Chipman asked Code Enforcement Officer Slater if the vehicles are now in running condition do they have to be screened to be in the backyard area like that. Code Enforcement Officer Slater concurred. He stated that stored vehicles should be behind a solid 6' fence or wall. Code Enforcement Officer Slater stated Code Enforcement Division is visiting some other sections of the code stating that some people in the Gty do like to accumulate several vehicles in their backyard which looks like a junk yard. He indicated that occasionally you will find a resident who does store a vehicle in their backyard which is a vintage vehicle, they have it properly fenced off where it cannot be seen by neighbors but our Division is re-visiting some other codes that I might address situations such as Mr. Halliburton's. Mr. Halliburton stated his fence was taken down when work was started on the lot next door. He stated he had been waiting to find out whether they were going to build or what before they put another fence up. Code Enforcement Manager Chipman asked if that was Mr. Halliburton's lot. Mr. Halliburton indicated he found out he does not actually live at 415, he lives at 413. He indicated the other lot he owns is 411 and 415 is the vacant lot that is next to his house and 417. Agenda Item No Page of PAGE 7 - NUISANCE ABATEMENT MINUTES - JULY 18, 2006 Board Member Fagan asked if that was the lot that had just been cleared off. Mr. Halliburton agreed stating where they put dirt in, they are getting ready to grade and it is a hassle trying to figure out what they are doing because they have been doing it for a year. Code Enforcement Manager Chipman indicated his question was does Mr. Halliburton have anything to do with the construction or the grading that was taking place on the lot next door. Mr. Halliburton stated "No." He indicated when they graded originally his fence carne down and they used that area to grade because of the difference in elevation. Code Enforcement Manager Chipman asked Code Enforcement Officer Slater to state for the record what Mr. Halliburton needs to accomplish if we were to give him a continuance. Code Enforcement Officer Slater stated he would have to re-visit the property. He indicated he was there two days ago and as of that time the property was still in a sorry state of affairs. He recommended to Mr. Halliburton that he communicate more effectively than he did in the past. He stated that all he could go by was what he saw two days ago and at that time there were definitely nuisance issues there and Mr. Halliburton had not communicated with us. He indicated therefore he would commission the Board to declare the property a nuisance and we could still allow him the time. He indicated there is a necessary time frame to go get a warrant to have the property cleaned up, we will still have the ability to work with Mr. Halliburton to clean it up. He stated that if it was not within that time frame we would not have to call him back in here for another hearing, we can just progress with abatement warrant. Mr. Halliburton stated he now has the time and he would be glad to come back He indicated the problem was he had not had the time because of his schedule. Board Member Fagan indicated they would rather see Mr. Halliburton meet Officer Slater's requirements rather than come back in here. Mr. Halliburton stated it was not a problem Chairwoman Watts advised Mr. Halliburton that if they declared the property a nuisance he would receive a letter from the Gty and he would have from receipt of the letter ten days, but in the meantime it would probably go over a period of two weeks or more. She also advised once Office Slater re-inspects and sees that all of the requirements are met then it is a closed case. Mr. Halliburton wanted to know what he was to do about the fence. Code Enforcement Manager Chipman advised that was why he asked him if that lot had anything to do with him. He stated he needed to get that fence back up to screen the vehicles. Agenda Item No Page of PAGE 8 - NUISANCE ABATEMENT MINUTES - JULY 18, 2006 Mr. Halliburton stated he could put a fence up on his side but he does not know the parameters of the fence. Code Enforcement Manager Chipman advised Code Enforcement Officer Slater that the fence had to be 6' high in order to screen the vehicles from the public right of way. Mr. Halliburton agreed. Chairwoman Watts inquired if there were any other comments for the Board. Mr. Halliburton stated "No, he just wanted to know what he had to do." Chairwoman Watts recommends the Board declares the property a nuisance and requested a Motion. MOVED BY CHAIRWOMAN WATTS, SECONDED BY BOARD MEMBER FAGAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY AT 415 NORTH SCRIVENER, LAKE ELSINORE A PUBLIC NUISANCE. 2. 3392 Driftwood Lane. Lake Elsinore. APN 389-231-012 Chairwoman Watts called Code Enforcement Office Lopez. Code Enforcement Officer Lopez stated the above mentioned property was brought to his attention by citizens in the neighborhood. He indicated the original complaint dated February 27, 2006 was hand walked into City Hall by a citizen. He noted the complaint referenced junk, weeds, trash and debris as well as a possible fire hazard. He noted he investigated the complaint March 1,2006 and observed and photographed several nuisance conditions on the property, inoperable vehicles, junk, trash and debris in both the front and the rear yards as well as an open and exposed hole in the front yard. He indicated that he had spoken with the property owner as well as his mother in a private meeting that was held at City Hall where everything was explained as far as Code Enforcement's process and what was required of the resident in order to gain maximum compliance on specific dates. He stated that up until recently the property owner was compliant but communications broke down and the last time he went out to the property there had been no significant changes. He indicated that with the amount of debris, junk, trash, inoperable vehicles and the pressure from residents in the neighborhood, it is imperative that we move forward with this case in order to get this problem taken care of in a timely fashion. He stated that Mr. Burdett has been cooperative and has maintained phone contact but the conditions have not improved to a point where we could continue with the process in which we were going. He stated he wanted to set up certain tasks he would want Mr. Burdett to complete by a certain date and up until recently those tasks have been completed. He indicated that we are Agenda Item No Page of PAGE 9 - NUISANCE ABATEMENT MINUTES - JULY 18, 2006 backsliding now so he feels it is very important we take a serious look at this issue and proceed forward. Chairwoman Watts thanked Code Enforcement Officer Lopez. Code Enforcement Manager Chipman asked Mr. Burdett to come to the podium to respond. Chairwoman Watts asks Mr. Burdett to state his name. Mr. Burdett stated his name Rod Burdett, 3392 Driftwood. He indicated he had all his adversaries there today. He stated what Code Enforcement Officer Lopez stated is partly correct, he had communicated with him up until the point where he told Code Enforcement Officer Lopez that the heat was so intense that he could not get out there. He indicated the kid he hired down the street would not come and help him. He stated he had made continued process as far as the weeds and such. He indicated that as far as Code Enforcement Officer Lopez referring to windows that had been boarded up. He stated that this was due to the last few years regarding the extensive robberies that had been occurring in the neighborhood. He indicated that this is all documented with the Sheriff's Department, Detective Jim Rayls. He stated they seem to be oblivious to it but his house has been hit three times. He indicated that the last time they stole a large sum of tools and such with a high level of dollar value. He stated he has been the crusader trying to put a stop to this. He indicated he bought his house as a HUD house about ten or eleven years ago. He stated he has started various projects but has not completed them. He stated this is a character flaw. He indicated that he has a health condition and told Code Enforcement Officer Lopez that he could not get out in that heat and perform at the level he wanted. He stated he has the phone records to show that and then he never heard anything more back from Code Enforcement Officer Lopez. He indicated he continually works on the property. He stated he believes he made a call to the City Manager, Bob Brady, who forwarded him to Code Enforcement Officer Lopez' office wherein he left a message but does not know if Code Enforcement Officer Lopez received that message. He indicated that this was the form to conduct this sort of business. He stated he was here tonight to try to make some sort of compliance or resolution. He stated he wanted to be in compliance more than anybody but he feels it is unfair the way he is being single out. He indicated that if you came through his neighborhood and did a close study you would find that his property is not near the level of dis-compliance. He asked if that was too much time. Board Member Fagan stated he had all the time he needs. Mr. Burdett asked if he was on three minutes. Agenda Item No Page of PAGE 10 - NUISANCE ABATEMENT MINUTES - JULY 18, 2006 Code Enforcement :Manager Chipman stated he was not on three minutes this was an agenda item so he was free to talk. Code Enforcement :Manager Chipman indicated he did have a few questions for Mr. Burdett. He inquired as to the heat being a factor as to a reason he could not get this done but the case actually dates back to February. He stated he was fairly certain it was not the heat at that time. Mr. Burdett indicated no. He stated he did a lot of work around that time, he cleaned up the front, he moved the cars, all the cobwebs. He indicated that one car is licensed and insured, the pickup truck was not but that he was working on a place to put the vehicle. He indicated Code Enforcement Officer Lopez did not seem to mind so he took that as being okay. He stated the side between him and the other homeowner on the other side, he cleaned all the weeds. He stated he has photographs which he felt he did not feel the need to bring them down but now feels he should have. Code Enforcement :Manager Chipman inquired as to Mr. Burdett mentioning the crime in the area had contributed to the fact that he could not complete the work He asked Mr. Burdett how the crime kept him from completing the work Mr. Burdett indicated it really did not attribute to him not completing the work but he had been the sole "Lone Ranger." He indicated he was tired of the kids selling drugs. He indicated his mom and him sat out on a Friday night and fifteen people came and went with the guy next door. He stated he knows for a fact that he is the thief in the neighborhood, and it has been brought to his attention more than once. He stated he has been kind of side tracked with all of that which is not a very solid case in this instance. He indicated that he was trying to balance a lot of different things. Code Enforcement :Manager Chipman stated that as meritorious as that may be that does not have an effect on this particular case. Mr. Burdett stated he wants to do everything in his power to be in compliance. He indicated he feels he made significant progress as far as in the back He stated the telephone poles were specifically bought to retain. He inquired if they were familiar with Driftwood Lane which are large deep lots with about a two to one slope in the back He indicated he believes the legal height is three foot without any kind of permit process. He stated he bought enough to do that. He indicated that he was not going to start that until some of these other things are undergoing. Code Enforcement :Manager Chipman indicated he did not want to get too far off track He indicated that a retaining wall requires a permit even at three feet when you have a slope coming down into it. Mr. Burdett acknowledged this information. Code Enforcement :Manager Chipman indicated that it was three feet with no surcharge which would mean it would have to remain level behind the wall. Agenda Item No Page of PAGE 11 - NUISANCE ABATEMENT MINUTES - JULY 18, 2006 Mr. Burdett acknowledged this information. Code Enforcement Manager Chipman stated he did visit the neighborhood today. He indicated that he is fairly familiar with that area being with the City for awhile. He stated he does not necessarily agree with Mr. Burnett's comments regarding the rest of the neighborhood. He indicated that Mr. Burnett's property stands out like a sore thumb. Mr. Burdett inquired if Code Enforcement Manager Chipman noticed the guy with big skip loader and the buckets there. Code Enforcement Manager Chipman stated that there are other issues in the neighborhood but with regard to the properties themselves Mr. Burdett's property stands out as one that needs a lot of work. Mr. Burdett agreed that it needs painting but indicated that he put rock in the front and he was waiting for the weather to diminish some so he could finish getting the septic. He indicated the septic was sinking the tank. He stated that eventually he would not be opposed to adding on and would like to remove that because it is right in front of the house. Code Enforcement Manager Chipman indicated Mr. Burnett was bringing up a lot of issues. He stated that if he was to try to relocate the septic system. Mr. Burnett indicated that he was on sewer. He stated that he wanted to take the tank and dispose of it. Code Enforcement Manager Chipman inquired as to was it properly abandoned when you hooked the sewer up. Mr. Burnett indicated he did not think it was. He stated that was why it was sinking. Code Enforcement Manager Chipman indicated that was part of the issues you get when you get a HOD house. Mr. Burnett indicated that as far as his roof, there were no major leaks. He stated he does not know where Shirley Coon is coming up with the property inspection. He indicated that their vehicle sits on a dirt pad in the back not on concrete. Chairwoman Watts indicated to Mr. Burnett that we are only going to speak about his property right now. She stated she went to his property today and in front of the yard, she could not figure out what was there with the rocks and the dirt. She inquired as to if she was not mistaken Mr. Burdett stated he had been there for ten years. Mr. Burdett confirmed. Chairwoman Watts stated to fix up a HOD house not knowing what condition it was in because she never did see it but ten years is a long time to fix up a piece of property. She Agenda Item No Page of PAGE 12 - NUISANCE ABATEMENT MINUTES - JULY 18, 2006 stated she agreed with Code Enforcement Manager Chipman Mr. Burdett's house is just like a sore thumb in the middle of wherever you want to put it. Mr. Burdett confirmed. She indicated that she noticed the back was in disarray. She stated that personally after looking at the property that she would recommend that we declare it a nuisance. Board Member Fagan inquired to Code Enforcement Officer Lopez regarding the photographs that were taken in February, were the other photographs taken at a different date. He inquired as to how long ago were the other photographs taken. Code Enforcement Office Lopez stated the other photographs were provided by a neighbor. Board Member Fagan stated that they were taken several weeks ago. He indicated that he drove by yesterday and he agreed with Code Enforcement Manager Chipman that his house is outstanding. He also noted the situation he saw in the photographs is pretty much what he saw on the property so since the last couple of weeks since these photographs were taken he could not see any progress being made. Mr. Burdett confirmed due to him putting his emphasis in the back due to her being so paranoid about the weeds. He indicated he is doing it in three, dividing it up in the three quadrants, but the heat has been so intense, he is gone all during the week, he does not get home to water until 10:00 o'clock at night and then the weekends have been blistered. Board Member Fagan concurred with Chairwoman Watts. He recommended the Board declare the property a nuisance. Chairwoman Watts concurred and requested a Motion. 3. MOVED BY BOARD MEMBER FAGAN, SECONDED BY CODE ENFORCEMENT MANAGER CHIPMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY 3392 DRIFTWOOD LANE, LAKE ELSINORE, APN 389-231- au, A PUBLIC NUISANCE. CODE ENFORCEMENT COMMENTS: None BOARD COMMENTS Board Member Fagan commented on the following: Agenda Item No Page of PAGE 13 - NUISANCE ABATEMENT MINUTES - JULY 18,2006 . Oty Hall has a form for filing a complaint and a Code Enforcement Officer will investigate the complaint. Chairwoman Watts commented on the following: . She inquired as to the status of the clean up of the Military Academy. Code Enforcement Officer Slater stated the Garrett Group had spent approximately $60,000 in their effort to clean up. Chris Hyland inquired as to the status of the security system at the Academy. Code Enforcement Officer Slater informed her of the impossibility of a security system. . She also inquired about the manufactured home on Pottery and Chaney regarding the unsafe conditions still existing. Code Enforcement Officer Slater indicated he would re-inspect and get back to the Board on that SItuation. ST AFF COMMENTS: None. ADJOURNMENT MOVED BY CHAIRWOMAN WATTS TO ADJOURN THE NUSIANCE ABATEMENT MEETING AT 5:13P.M. ~w~ oraine Watts, Chairwoman Respectfully Submitted, ATTEST: I ~ K ~-/ Robin Chipman, Secretary to the Board Agenda Item No Page of MINUTES NUISANCE ABATEMENT HEARING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, DECEMBER 19, 2006 :~:~*:t:~*:~:.*:t*:.**:.:.:.*:.:~**:t*:~*:.*:.:.*:.*:~*:.:~**:~:~*:.*:~:.*:.*:.*:~:~*:~*:.:.:~:~:~*:.:~:~* CALL TO ORDER The regular Nuisance Abatement Hearing was called to order by Robin Chipman, Building & Safety/ Code Enforcement Manager at 4:30 PM PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Senior Planner Matt Harris. ROLL CALL PRESENT: BOARD MEMBER: FAGAN PRESENT: SENOR PLANNER: HARRIS PRESENT: CODE ENFORCEMENT MANAGER: CHIPMAN ABSENT: CHAIRWOMAN: WATTS Also present were: Code Enforcement Officer Lopez, and Office Specialist T eyler. PUBLIC COMMENTS None CONSENT CALENDAR 1. The following Minutes were recommended continued. A. Minutes for July 18, 2006 MOVED BY BOARD MEMBER FAGAN, SECONDED BY CODE ENFORCEMENT MANAGER CHIPMAN, AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THE CONSENT CALENDAR AS PRESENTED. PUBLIC HEARINGS Agenda Item No Page of PAGE 2 - NUISANCE ABATEMENT MINUTES - DECEMEBER 19,2006 Board Member Fagan opened the Public Hearing at 4:32 p.m. 2. 132 Tom Ranch Road. APN 389-312-020. Lake Elsinore Code Enforcement Manager Chipman requested Code Enforcement Officer Lopez give a synopsis of this case. Code Enforcement Officer Lopez indicated the property is found to be in several violations of Lake Elsinore Municipal Code. He listed abandoned, vacant, unsecured residence with several broken windows, graffiti on exterior and interior, overgrown weeds and trees, broken dilapidated fence and lack of appropriate landscaping. He indicated the case started in June 29, 2006 and has continued to date with appropriate notices mailed to property owner. He stated the notices and citations were received "return receipt" so the prior owner had knowledge of the conditions of the property but failed to act upon them. He indicated Mr. Zacarias will not inherit the citations. He stated the goal was to bring the property up to Gty standards. Code Enforcement Manager Chipman called Mr. Paul Zacarias to the podium Mr. Paul Zacarias indicated he had recently purchased the property and that the sale recorded at the end of last week He indicated he could not do anything with the property until the sale had recorded. He stated he had been cleaning up since the beginning of this week He indicated he spoke with Code Enforcement Officer Lopez and Code Enforcement Manager Chipman as he was working on the property. He indicated that the outside is now looking good. He stated he has had only two days to work on the property and that he was unaware of the situation on the residence. He indicated Mrs. Diaz nor the realty office informed him that the residence was in any kind of violation. He stated he is aware now and is willing to take care of the matter. Board Member Fagan inquired as to his statement regarding the real estate agent not informing him of the violations. Mr. Paul Zacarias clarified he was not informed of any violations on the property. Board Member Fagan indicated that there is a requirement that the real estate agent should have notified the buyer of any liens or actions against the property. Mr. Paul Zacarias stated he was not informed of violations only that it was an "as is" sale. Code Enforcement Manager Chipman requested copies of paperwork stating Mr. Paul Zacarias was the legal owner. Mr. Paul Zacarias produced the paperwork Agenda Item No Page of PAGE 3 - NUISANCE ABATEMENT MINUTES - DECEMEBER 19,2006 Board Member Fagan inquired as to if they included homeowners insurance in sale's package. Mr. Paul Zacarias stated he purchased the homeowners insurance himself and that he had a copy with him. Code Enforcement Manager Chipman indicated he spoke with Mr. Zacarias today at the property. He stated Mr. Zacarias inherited the problems that went with the residence when he purchased the home. He indicated that it was obvious Mr. Zacarias was going to fix up the property. He stated it was the City's intention from the beginning to get the property cleaned up and hopefully for someone to occupy it. He recommended that the Board give Mr. Zacarias an extension in time to get the property cleaned up. He stated that the property was bought "as is" and that Mr. Zacarias was responsible for the fees. He indicated the citations were issued to Rose Diaz and would not affect Mr. Zacarias. Mr. Paul Zacarias requested the fees be waived. Code Enforcement Manager Chipman stated he did not believe the fees could be waived. He indicated the Board would discuss the matter and make a decision. He stated it was the buyer's due diligence to do a background search with the City before buying a home. Mr. Paul Zacarias stated he believed the home was paid for "free and clear." Code Enforcement Manager Chipman stated it may have been but the City does not go into the financial aspects of the residence. Board Member Fagan advised Mr. Zacarias to speak with his real estate agent in regard to the violations. Code Enforcement Manager Chipman recommended the Board provide a thirty day extension and requested a Motion. MOVED BY CODE ENFORCEMENT MANAGER CHIPMAN, SECONDED BY BOARD MEMBER FAGAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO GRANT A THIRTY (30) DAY EXTENSION FOR THE PROPERTY AT 132 TORN RANCH ROAD, LAKE ELSINORE. CODE ENFORCEMENT COMMENTS: None BOARD COMMENTS Board Member Fagan commented on the following: Agenda Item No Page of PAGE 4 - NUISANCE ABATEMENT MINUTES - DECEMEBER 19,2006 · The font on the Agenda should be changed. STAFF COMMENTS: Code Enforcement Manager Chipman commented on the following: · The Code Enforcement Division has not been active in the Nuisance Abatement Hearings. He stated procedures have been updated. He indicated there are several cases for next month and the Code Enforcement Division is aiming to be proactive regarding Nuisance Abatement Hearings. Board Member Fagan commented on the following: · Gtizens in his neighborhood have commented on the improvement of Lake Elsinore's public appearance especially the downtown area. ADJOURNMENT MOVED BY BOARD MEMBER FAGAN TO ADJOURN THE NUSIANCE ABATEMENT HEARING AT 4:41P.M. Respectfully Submitted, ATTEST: ~'k. I Robin Chipman, Se~ Agenda Item No Page of