HomeMy WebLinkAbout01-16-2007 Minutes NA
MINUTES
NUISANCE ABATEMENT HEARING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, JANUARY 16, 2007
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CALL TO ORDER
The regular Nuisance Abatement Hearing was called to order by Robin Chipman, Building
& Safety/ Q)de Enforcement Manager at 4:30 PM
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Q)de Enforcement Office Lopez.
ROLL CALL
PRESENT: CHAIRWOMAN:
WATTS
PRESENT: BOARD MEMBER:
FAGAN
PRESENT: CODE ENFORCEMENT MANAGER:
CHIPMAN
Also present were: Code Enforcement Officer Lopez, Code Enforcement Officer
Guzman, Office Specialist T eyler.
PUBLIC COMMENTS
None
CONSENT CALENDAR
1. The following Minutes were approved
A. Minutes for July 18, 2006
B. Minutes for December 19, 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.
Agenda Item No
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PAGE 2 - NUISANCE ABATEMENT MINUTES - JANUARY 16,2007
PUBLIC HEARINGS
Chairwoman Watts opened the Public Hearing at 4:36 p.m
2. 31300 dement Street. Lake Elsinore. CA
Chairwoman Watts requested Code Enforcement Officer Lopez give a synopsis of this case.
Code Enforcement Officer Lopez indicated the property was issued a Notice of Violation
on August 22, 2006 for various violations of the Lake Elsinore Municipal Code. He stated
most notably were several inoperable vehicles and old buckets of used motor oil. He
indicated that since then there have been three separate inspections, the last on January 4,
2007. He indicated that as of that date, the conditions still exist on the property. He noted
the residence is occupied by several tenants who have no claim to any of the abandoned
vehicles or the other noted violations. He noted the violations are in an area of the property
that the tenants do not have access. He stated that he had attempted to contact the owner
by mail also by phone and have been unsuccessful in his attempts. He stated it was his
recommendation to the Board they declare the property a public nuisance, in order for the
City to obtain a warrant and have the nuisance conditions abated.
Code Enforcement Manager Chipman inquired as to if the property was one parcel.
Code Enforcement Officer Lopez indicated yes.
Code Enforcement Manager Chipman inquired if it was all under the same APN number.
Code Enforcement Officer Lopez indicated yes.
Code Enforcement Manager Chipman inquired as to contact with the actual owner of the
property.
Code Enforcement Office Lopez stated he has had contact with the tenants and was able to
get a phone number for the property owner wherein he left several message but no one has
ever responded. He indicated he had asked the tenants to forward all paperwork to the
owner because the only address we had is what is listed on the last property rolls. He
indicated the owner physically picks up the rent so the tenants did not have an address to
provide.
Code Enforcement Manager Chipman inquired as to if the correspondence to the property
owner was coming back as undeliverable or unclaimed.
Code Enforcement Officer Lopez indicated he would have to check the records.
Code Enforcement Manager Chipman noted the owner of the property is Felipe Hernandez.
Agenda Item No
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PAGE 3 - NUISANCE ABATEMENT MINUTES - JANUARY 16,2007
Code Enforcement Officer Lopez concurred. He indicated he had spoken to the owner's
daughter and advised her to have her father contact him. He stated that there was nothing
in the paperwork that indicated the documents were signed and returned or whether they
were returned undeliverable.
Code Enforcement Manager Chipman indicated there was nothing in the packet that showed
either way whether it was signed for or returned as unclaimed. He inquired as to the time
frame since speaking with the daughter.
Code Enforcement Officer Lopez indicated it was approximately four or five weeks ago.
Code Enforcement Manager Chipman inquired if she had anything to do with the property
other than the father owning the property.
Code Enforcement Officer Lopez stated she had nothing to do with the property.
Code Enforcement Manager Chipman inquired as to her familiarity with the property.
Code Enforcement Officer Lopez indicated she was familiar with the property.
Code Enforcement Manager Chipman asked if she indicated she would speak to her father.
Code Enforcement Officer Lopez indicated she stated she would give him the message and
have him call but no calls were received.
Board Member Fagan stated there was no evidence that the property owner was aware of the
proceedings.
Code Enforcement Officer Lopez indicated he did not have any documentation showing
that the property was aware. He indicated the notices were sent out Certified Mail to the last
address on the tax: roll. He stated he believed the owner knows the conditions exist he just
chooses not to face up to them.
Board Member Fagan inquired as to who collected the rent, the property owner or the
daughter.
Code Enforcement Officer Lopez stated according to the tenants the property owner
collected the rent.
Code Enforcement Manager Chipman referred back to Exhibit C, the Activity Record, on
October 18, 2006 signed Fred Lopez it states "Spoke with owner of some of the vehicles. I
told him that four inops needed to be gone."
Code Enforcement Officer Lopez stated he spoke to an individual named John who owned
four of the vehicles and requested he remove his vehicle which he has not done.
Agenda Item No
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PAGE 4 - NUISANCE ABATEMENT MINUTES - JANUARY 16,2007
Code Enforcement Manager Chipman asked how we determined who owned the vehicles.
Code Enforcement Officer Lopez stated John claimed ownership but to date has had no
response beyond claiming ownership.
Board Member Fagan indicated if they declare the property a nuisance it would get the
, .
property owner s attentIon.
Code Enforcement Manager Chipman concurred.
Board Member Fagan indicated the property does not fit into the neighborhood.
Code Enforcement Manager Chipman stated the property was one that was annexed in
1992.
MOVED BY CODE ENFORCEMENT MANAGER CHIPMAN,
SECONDED BY BOARD MEMBER FAGAN AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE
PROPERTY AT 31300 CLEMENT STREET, LAKE ELSINORE A
PUBLIC NUISANCE.
3. 15172 Biarritz Street. Lake Elsinore. CA
Chairwoman Watts requested Code Enforcement Officer Lopez give a synopsis of this case.
Code Enforcement Officer Lopez stated this property was issued a Notice of Violation on
February 2, 2006 for various violations of the Lake Elsinore Municipal Code most notably
several inoperative vehicles, both in the front and rear yards, large amounts of junk, trash
and debris as well as attractive nuisances such as abandoned furniture and appliances. He
indicated that since the initial Notice of Violation he has made a total of eleven inspections
with the last one on January 9, 2007 and as of that date the conditions still exist on the
property. He noted this residence is occupied by several tenants who are ultimately
responsible for the current conditions of the property. He indicated he had contacted the
occupants of the residence on two separate occasions with little cooperation in obtaining
owner information. He indicated all the mailings go back to that particular address with the
name of Joylyn Antunes who was the last current owner of record. He stated that all
correspondence, citations, and Warning Notices have come back to the City unclaimed. He
indicated to date the property has accumulated approximately $3,100.00 in unpaid citations.
He indicated it was his recommendation that the Board declare the property a public
nuisance clearing the way for the City to obtain a warrant and have the nuisance conditions
abated.
Chairwoman Watts stated she went by the property today and it looks the same as in Code
Enforcement Officer Lopez's description. She indicated she would declare it a nuisance.
Agenda Item No
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PAGE 5 - NUISANCE ABATEMENT MINUTES - JANUARY 16,2007
Code Enforcement Officer Lopez inquired as to if the back of the propertywas visible.
Chairwoman Watts indicated she could not see it very good due to the fence that was there.
She stated she saw trash bins.
Code Enforcement Officer Lopez indicated as of last week the trash service was cut off for
non-payment. He stated according to CR&R they will continue to pick up trash and attach
the payment to the tax roll. He indicated a Notice to Vacate was issued due to lack of
utilities. He stated he was not able to get in contact with the owners to remedy the situation
and the renters were not taking care of the property. He indicated he has done all he could
including taking Deputies out there, but the information was usually a disconnected number.
He clarified he has made every attempt to contact the property owner.
Chairwoman Watts indicated the "blue can" recycle was out today.
Board Member Fagan inquired if the occupants were living in the home without the owner's
knowledge.
Code Enforcement Officer Lopez stated it did not appear they were living there without
permission. He indicated one of the tenants he has spoken to claims to know the owner's
son. He stated all utilities are currently in the owner's name.
Code Enforcement Manager Chipman discussed the "Order to Vacate". He stated on the
follow up to the Order to Vacate the electricity was turned back on.
Code Enforcement Officer Lopez concurred.
Code Enforcement Manager Chipman stated he went by the property and there were no
changes.
MOVED BY BOARD MEMBER FAGAN, SECONDED BY CODE
ENFORCEMENT MANAGER CHIPMAN AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE
PROPERTY AT 15172 BIARRITZ STREET, LAKE ELSINORE A
PUBLIC NUISANCE.
4. 131 East Prospect. Lake Elsinore. CA
Chairwoman Watts requested Code Enforcement Officer Guzman give a synopsis of this
case.
Code Enforcement Officer Guzman indicated the property was issued a Notice of Violation
on November 28, 2006 for various violations regarding the Lake Elsinore Municipal Code
most notable are several inoperable vehicles and! or parts thereof and trash and debris. She
stated since the initial investigation there have been four inspections including January 11,
Agenda Item No
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PAGE 6 - NUISANCE ABATEMENT MINUTES - JANUARY 16,2007
2007. She indicated as of that date the conditions still exist on the property actually getting
worse with doors and windows being broken and missing. She stated the property was
occupied by three separate families. She indicated she spoke to the occupants of each unit
on December 15, 2006 the day the Order to Vacate was posted due to lack of water service
because the owner had approximately $2,000.00 in back pay not being paid to the water
district. She indicated all mail sent certified has been stamped with Return to Sender. She
indicated it was her recommendation that the Board declare the property a public nuisance
clearing the way for the City to obtain a warrant and have the nuisance conditions abated.
Chairwoman Watts stated she investigated the property.
Board Member Fagan indicated he investigated the property and did not see any
unprovement.
Code Enforcement Manager Chipman indicated he has concerns regarding the fact the
property is completely abandoned and may have to put property in structure abatement. He
stated he would make a recommendation to declare the property a nuisance. He indicated
there is construction going on next door. He indicated the property next door looked good
and he planned on pursuing this property from the Building standpoint also.
Board Member Fagan inquired if this was the property that sold last year for $150,000.
Code Enforcement Officer Guzman indicated it sold approximately in March, 2006. She
stated the new owner never made a payment so it was being declared a warrant of the bank
according to the notice on the door.
Board Member Fagan indicated the original owner collected the money.
Code Enforcement Office Guzman concurred.
Code Enforcement Manager Chipman indicated the bank was the one that was going to lose
in this situation.
MOVED BY BOARD MEMBER FAGAN, SECONDED BY CODE
ENFORCEMENT MANAGER CHIPMAN AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE
PROPERTY AT 131 EAST PROSPECf, LAKE ELSINORE A
PUBLIC NUISANCE.
CODE ENFORCEMENT COMMENTS:
None.
BOARD COMMENTS
Board Member Fa&an commented on the followin&:
Agenda Item No
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PAGE 7 - NUISANCE ABATEMENT MINUTES - JANUARY 16,2007
. He liked the new format of the Nuisance Abatement presentation.
Code Enforcement Manager Chipman commented on the following:
. Tony Romero has been helping the Code Enforcement Division
reorganizing and using proper procedures. Packet copies need to be darker.
Location maps need to be clearer so as the Board Members can find the
propertles.
STAFF COMMENTS:
Code Enforcement Supervisor Tony Romero commented on the following:
. Asking Board Members to adopt Staff Report recommendations with a
deadline date to be read in the Minutes so it is clear.
Code Enforcement Officer Lopez commented on the following:
. Mimosa property has new owners and the property is being cleaned. A letter
has been sent to the new property owners stating they need to bring the
property up to City standards.
ADJOURNMENT
MOVED BY CHAIRWOMAN WATTS TO ADJOURN THE
NUSIANCE ABATEMENT HEARING AT 4:58 P.M.
~~~J /I);:db-
Chairwoman, Loraine Watts
~
Respectfully Submitted,
711.
Joyce M Teyler
Office Specialist I
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, MARCH 20, 2007
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CALL TO ORDER
The regular Nuisance Abatement Hearing was called to order by Loraine Watts,
Chairwoman at 4:30 PM
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Board Member Jack Fagan.
ROLL CALL
PRESENT: CHAIRWOMAN:
WATTS
PRESENT: BOARD MEMBER:
FAGAN
PRESENT: CODE ENFORCEMENT MANAGER:
CHIPMAN
Also present were: Code Enforcement Officer Lopez, Office Specialist T eyler.
PUBLIC COMMENTS
None
CONSENT CALENDAR
1. The following Minutes were approved
A. Minutes for January 16,2007
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
Chairwoman Watts opened the Public Hearing at 4:33 p.m.
Agenda Item No
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PAGE 2 - NUISANCE ABATEMENT MINUTES - MARCH 20, 2007
2. 16375 Arnold Stree~ APN 378-2U-026-9. Lake Elsinore. CA
ChaiIwoman Watts requested Code Enforcement Officer Lopez give a synopsis of this case.
Code Enforcement Officer Lopez indicated the property is a vacant lot. He stated there was
junk, trash and debris, mostly construction related items including concrete, wood, scraps of
metal that were dumped on the property. He indicated all attempts to contact the property
owner via Notice of Violations, Warning Notices and citations have been unsuccessful. He
stated he made phone calls to the City of Orange where this individual is supposedly located
and have been unsuccessful in contacting the property owner. He indicated his only other
recourse was to carry out the Nuisance Abatement in order to have this material taken off
the lot.
Code Enforcement :Manager Chipman inquired as to if two citations were issued.
Code Enforcement Officer Lopez indicated yes.
Code Enforcement Manager Chipman inquired as if any comments or contact was received.
Code Enforcement Officer Lopez indicated no comments or contact was received. He
indicated he researched it on the Internet and has never been able to contact a Kevin Price.
ChaiIwoman Watts inquired as to if the taxes on this property were paid.
Code Enforcement Office Lopez stated he did not know.
Code Enforcement :Manager Chipman indicated paperwork showed he was not receiving
mail. He inquired if Code Enforcement Officer Lopez looked up property using RealQuest.
Code Enforcement Officer Lopez indicated he looked up the property on RealQuest,
Wm2data and Googled individual's name. He stated he called information and reverse
phone directory but has never had any luck in locating the owner. He stated everything that
comes back shows he is the property owner but the mail we send gets returned to us.
MOVED BY CHAIRWOMAN WATTS, SECONDED BY BOARD
MEMBER FAGAN AND CARRIED BY UNANIMOUS VOTE OF
THOSE PRESENT TO DECLARE THE PROPERTY AT 16385
ARNOLD STREET, APN 378-2U-026-9, LAKE ELSINORE A
PUBLIC NUISANCE.
3. Vacant lot on Lawrence Stree~ APN 375-203-041-3. Lake Elsinore. CA
Chairwoman Watts requested Code Enforcement Officer Lopez give a synopsis of this case.
Agenda Item No
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PAGE 3 - NUISANCE ABATEMENT MINUTES - MARCH 20, 2007
Code Enforcement Officer Lopez stated this property goes back to a case opened in 2004,
Carol Gordon, Senior Code Enforcement Officer started the process of structure abatement.
He stated the house went through structure abatement but the demolition was never
completed so there remains on the property concrete footings, retaining walls, stairs and
things of that nature. He indicated he picked up the case in 2006, he re-contacted the
property owner and advised her of the Gtjs intent to have the demolition completed. He
stated the owner kept in contact with him indicating she was trying to get loans, trying to sell
the property, or she wanted to try and build on the property and then after a certain amount
of time the contact stopped even after sending letters. He stated to alleviate the problem he
took this property to Nuisance. He indicated today an individual from Santiago
Construction and Development Company came to Gty Hall and pulled a Demolition Permit
for the property. He stated the owner must have received the paperwork, failed to show up,
but has taken the necessary steps in order to complete this project.
Code Enforcement Manager Chipman stated he has had contact with the owner of this
property in the past. He indicated she was sometimes cooperative and sometimes
uncooperative. He stated he did speak with "Samuel" today going over the ground rules for
what is needed to get this permit signed off. He indicated that there is no guarantee that the
work will be done, the permit might have been pulled to stay the Board's action. He
indicated he recommends a thirty day continuance.
Board Member Fagan indicated the property is dangerous, due to deep holes, if kids were
playing around there. He inquired if any work done on that property would endanger the
house on the hill.
Code Enforcement Manager Chipman indicated no. He stated this property was once joined
with the property where the house is located. He indicated in approximately 1997 due to
utilities lines they separated the property and they were sold to separate people. He
indicated the property today is somewhat un-buildable. He stated it is a dangerous site but
construction would not affect the other structure.
Chairwoman Watts indicated she noticed the neighbors sent a letter complaining.
Code Enforcement Manager Chipman indicated the neighbors have been complaining for
some time. He stated this owner's argument was when the Country Qub across the street
burned down the Gty did not force the demo contractor to tear out all the old steps. He
indicated the County Qub was a historical building so the situation was different.
Chairwoman Watts stated they should just declare it a nuisance and then hope the contractor
will come through and complete the work
Code Enforcement Manager Chipman indicated it was the Board's prerogative.
Board Member Fagan stated the owner had been kicking the Gty around for quite a while
now.
Agenda Item No
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PAGE 4 - NUISANCE ABATEMENT MINUTES - MARCH 20, 2007
Code Enforcement Manager Chipman concurred.
Code Enforcement Manager Chipman stated he went by the property and there were no
changes.
MOVED BY BOARD MEMBER FAGAN, SECONDED BY CHAIR
WOMAN WATTS, AND CARRIED BY UNANIMOUS VOTE OF
THOSE PRESENT TO DECLARE THE VACANT LOT ON
LAWRENCE STREET, APN 375-203-041-3, LAKE ELSINORE A
PUBLIC NUISANCE.
DISCUSSION/REVIEW
4. 132 Tom Ranch Road. Lake Elsinore. CA
Code Enforcement Officer Lopez indicated he re-inspected the property in January and
spoke with the owner. He stated the owner fixed the house to a point where it would not be
considered a nuisance. He indicated the interior and exterior work has been completed. He
stated the house is for sale and in escrow. He stated whoever buys the home will inherit the
lack of landscaping. He indicated the building is secured, the windows are intact, the interior
has new walls, new carpeting so all nuisance type conditions are no longer there.
Board Member Fagan indicated upon his inspection he noted the gate on the fence was
busted down. He stated there was access to the backyard.
Code Enforcement Officer Lopez indicated when in the area he inspects the backyard. He
indicated there has been no further damage since the home had been rehabilitated.
Code Enforcement Manager Chipman inquired if this was a nUISance case that was
continued because the owner had just purchased the property.
Code Enforcement Officer Lopez concurred.
Code Enforcement Manager Chipman stated what bothered him was that the new owner
had indicated he was cleaning up the house to move in and now he was selling the house.
Code Enforcement Officer Lopez concurred. He indicated the last conversation he had
with the new owner the home was in escrow.
Code Enforcement Manager Chipman inquired if this property was declared a nuisance.
Chairwoman Watts indicated he was given thirty days to complete the clean up.
O:>de Enforcement Manager Chipman indicated he would not declare the property a
nuisance but the owner was responsible for the nuisance abatement fee.
Agenda Item No
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PAGE 5 - NUISANCE ABATEMENT MINUTES - MARCH 20, 2007
MOVED BY CODE ENFORCEMENT MANAGER CHIPMAN,
SECONDED BY CHAIR WOMAN WATTS, AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO NOT DECLARE
THE PROPERTY AT 132 TORN RANCH ROAD, LAKE
ELSINORE A PUBLIC NUISANCE.
CODE ENFORCEMENT COMMENTS:
Code Enforcement Officer Lopez commented on the following:
. Gave a brief update of the last two cases which went to last month's
Nuisance Abatement Hearing.
BOARD COMMENTS
None
ADJOURNMENT
MOVED BY CHAIRWOMAN WATTS TO ADJOURN THE
NUSIANCE ABATEMENT HEARING AT 4:46 P.M.
~~-rcu,u> II)~
Chairwoman, Loraine Watts
Respectfully Submitted,
1.
Joyce M Teyler
Office Specialist I
ATTEST:
~'k~,
Robin Chipman, Secretary 0 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 17,2007
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CALL TO ORDER
The regular Nuisance Abatement Hearing was called to order by Robin Chipman, Code
Enforcement Manager at 4:30 PM
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Board Member Joyce Teyler.
ROLL CALL
PRESENT: CHAIRWOMAN:
PRESENT: BOARDMEMBER:
WATTS
FAGAN
PRESENT: CODE ENFORCEMENT MANAGER:
CHIPMAN
Also present were: Code Enfon:ement Officer Lopez, Office Specialist Teyler.
PUBLIC COMMENTS
Jay Hattabaugh: General Contractor, 17541 Barkshatt, Lake Elsinore
representing Century 21 Premier Real Estate regarding the Stevens Street property
which has been assigned to him by a mortgage company for clean up.
CONSENT CALENDAR
1. None
PUBLIC HEARINGS
Chairwoman Watts opened the Public Hearing at 4:33 p.m.
2. 16193 Stevens Street. APN 378-223-079-1. Lake Elsinore. CA
-
Jay Hattabaugh indicated the property is a foreclosure property. He indicated his company
was given verbal authorization to clean up the property. He stated he is waiting for
Agenda Item No
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PAGE 2 - NUISANCE ABATEMENT MINUTES - APRIL 17, 2007
written authorization for insurance purposes. He indicated the scoped of his work is to
haul all trash from the interior and exterior of the property, to trim any trees, haul away
concrete and to abatement weeds down to ground level. He stated his company is to
sweep and hose down the property, remove any water from the pool and paint the garage.
He requested some time in order to get the written authorization from the bank for them
to go onto the property and get it cleaned up. He stated he boarded up and secured the
property to keep the local kids out.
Board Member Fagan inquired as to repairing the gate that leads to the backyard.
Mr. Hattabaugh stated it was not part of their authorization.
Board Member Fagan stated there would still be access to the backyard.
Mr. Hattabaugh indicated there was access from the hill behind due to no proper fencing.
He indicated he had not received a repair bid. He stated he did not know what this
particular bank wanted with this property. He commented on the broker getting a pool bid
to finish the pool. He stated in order to finish the pool you have to have proper fencing or
the City would not pass it. He stated he had not been authorized to do anything with the
fencing. He indicated he could make a suggestion to the broker. He said if the broker that
is assigned to this property states a fence needs to put up to keep people from going into the
rear yard and it is under two hundred dollars, they would just tell him to go ahead and do it,
then have him send the bill. He stated he would make a note of that and bring it to their
attention.
Board Member Fagan stated we would be stuck if we do not know who owns this property.
Code Enforcement Manager Chipman indicated Century 21.
Mr. Hattabaugh indicated Century 21, Premier Real Estate, 2505 East Lakeshore is the agent
for the bank.
Board Member Fagan indicated if we put a lien on them.
Mr. Hattabaugh stated that was the reason he was here was to stop that from happening due
to it making it so much harder when trying to sell the home. He indicated it also made a lot
of paperwork He stated the way he found out about the hearing was he was in City Hall
doing business with Dave Sapp and he saw the Agenda.
Board Member Fagan commented on Mr. Hattabaugh stumbling onto the Agenda.
-
Mr. Hattabuagh indicated he recognized the address and telephoned the realtor to inform
her that the City was going to clean up the property and put a lien on it, etcetera. He stated
the realtor called the bank which the bank then gave a verbal authorization for him to cleaneup the property and that is why he was there.
Agenda Item No
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PAGE 3 - NUISANCE ABATEMENT MINUTES - APRIL 17, 2007
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Code Enforcement Manager Chipman stated to Code Enforcement Officer Fred Lopez that
he had heard the scope of work under Mr. Hattabaugh's direction and were there other
items outstanding that would cause concern for the Board not to give a continuance to give
the bank time to get the property clean it up.
Code Enforcement Officer Lopez stated the main nuisance was the fencing with the public
having access especially with young kids going in. He indicated he was also going to
recommend the house be boarded up.
Mr. Hattabaugh indicated the home was secure now that they had boarded it.
Code Enforcement Office Lopez stated his concern was people going in there at night and
falling in the pool. He suggested a temporary fence be put up on the backside to keep
people out.
Code Enforcement Manager Chipman indicated that if we go forward even if we do not
declare it a nuisance just a continuance at some point the $427.92 is going to have to be paid
to keep it from going to a lien so even if the bank takes over it is due and owing.
Code Enforcement Officer Lopez indicated as policy dictates you inherit these issues. He
sta~ed for example 132 Tom Ranch, he bought the house and it had already gone to
nUISance.
Code Enforcement Manager Chipman inquired if Mr. Hattabaugh had been in the house.
Mr. Hattabaugh stated he had.
Code Enforcement Manager Chipman inquired if the house was vacant or was furniture
present.
Mr. Hattabaugh indicated there was junk in it. He stated you could call it furniture, old
mattresses. He said you would not want to go in there.
Board Member Fagan stated if the Board declared a continuance could they work together to
resolve the matter.
Code Enforcement Officer Lopez stated he could. He indicated Mr. Hattabaugh would be
taking care of the majority of what needed to be done such as the junk, trash and debris. He
indicated he did not know the house was in foreclosure.
Mr. Hattabaugh indicated the house was in foreclosure six months ago. He commented on
the length of time it takes banks to get going on things.
Code Enforcement Manager Chipman indicated we do not receive that kind of information.
Agenda Item No
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PAGE 4 - NUISANCE ABATEMENT MINUTES - APRIL 17, 2007
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Code Enforcement Officer Lopez stated Mr. Stellhorn had still been living there. He
indicated we received notice of this home through the Sheriff's Department from the Water
District informing them there was lack of water and no gas. He stated also some unsavory
aCtiVity.
Mr. Hattabaugh stated he agreed with regard to the pool and he would mention it to the
broker. He indicated the insurance company looks at an empty pool as a bigger liability than
a full pool. He indicated his insurance was cancelled once due to draining a pool to re-
plaster.
Code Enforcement Officer Lopez agreed.
Mr. Hattabaugh stated someone could fall into the pool at night and it was concrete not
grass.
Code Enforcement Officer Lopez stated he foresees with this property that being a
problem. He stressed that a fence needs to be put up and the gate fixed.
Mr. Hattabaugh indicated it would have to be some kind of temporary fencing.
Code Enforcement Manager Chipman indicated that temporary fencing was okay.
Mr. Hattabaugh indicated he could get some chain link through there to secure the property.
Chairperson Watts inquired as to once Mr. Hattabaugh got the okay to start work how long
would it take to complete.
Mr. Hattabaugh indicated a two day job.
Chairperson Watts acknowledged.
Board Member Fagan indicated they would have to add the fence to that, if authorized.
Mr. Hattabaugh indicated he had been declared a nuisance a few times in life himself but had
never attended a Nuisance Hearing. He inquired if there was a fee to bringing this matter to
the Board.
Code Enforc~ment Manager Chipman stated the fee was $427.92 whether they declared the
property a nUlsance or not.
Mr. Hattabaugh stated it was an administrative fee.
Code Enforcement Officer Lopez indicated the fee would go to the last recorded owner.
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Code Enforcement Manager Chipman stated our procedure, whether it was declared a
nuisance or not, we would take the case to the end and send a Demand for Payment letter
Agenda Item No
Page of
PAGE 5 - NUISANCE ABATEMENT MINUTES - APRIL 17, 2007
for the amount. He indicated if it was not paid there would be a special assessment filed
against the property.
Mr. Hattabaugh stated whatever you have to do he would be comfortable about it. He
indicated he was only there due to his discovery of the case.
Code Enforcement Manager Chipman indicated the bank was going to take the property
over and we would receive better results from them.
MOVED BY CODE ENFORCEMENT MANAGER CHIPMAN,
SECONDED BY CHAIR PERSON WATTS AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO GRANT A
THIRTY (30) DAY EXTENSION FOR THE PROPERTY AT 16193
STEVENS STREET, APN 378-223-079-1, LAKE ELSINORE, CA
3. 28804 Hoff Street. APN 389-142-005-4. Lake Elsinore. CA
Chairwoman Watts requested Code Enforcement Officer Lopez give a synopsis of this case.
Code Enforcement Officer Lopez stated this property was brought to his attention by the
neighboring homeowner that the vacant lot next door to his property was being utilized as a
junk yard by a local resident named Leonard Ward who owns Ward's Trucking. He
indicated Mr. Ward is not taking his trash to the dump; he takes it to this lot and leaves it
there. He said along with all the junk, trash and debris there are two forty yard roll offs. He
commented on since Leonard Ward does not own the property all the documents have gone
to the property owner who received the letters by return receipt cards being signed. He
stated he did not understand why the property owners did not attend the hearing. He
indicated the propertywas being utilized to store junk, trash and debris.
Board Member Fagan inquired if someone was living there. He stated he noticed the trailer
in the photograph was gone.
Code Enforcement Officer Lopez indicated he did not believe anyone was living there. He
stated Leonard Ward knows about this due to Mr. Lopez informing him from time to time.
He indicated Leonard Ward was aware of this Nuisance Hearing and that he was the reason
for the hearing, but due to him not being the property owner it is hard to hold him
responsible. He stated Mr. Ward on his own is slowly trying to get the things out of there.
He indicated he has dealt with Mr. Ward in the past and he moves quick so it is imperative
we get this cleaned up to send a message that we are not going to allows this. He stated he
has had problems with him in other parts of the Gty doing the same thing.
Chairwoman Watts inquired if he rented these places or not.
Code Enforcement Officer Lopez indicat~d he was sure he rented it. He stated he probably
pays the property owner for the use of the property due to it being a vacant lot.
Agenda Item No
Page of
PAGE 6 - NUISANCE ABATEMENT MINUTES - APRIL 17,2007
G:>de Enforcement Manager Chipman inquired if it was just a vacant lot and not attached to
any structure.
G:>de Enforcement Officer Lopez stated no structure.
Board Member Fagan indicated he recognized the hill in the back as being Gunder.
G:>de Enforcement Officer Lopez stated it was in an area where they are starting to put in a
power station. He indicated eventually they are going to be doing a lot of building.
Board Member Fagan indicated due to his route of his travel to get to the property you
could see a lot of changes. He stated the other side is Alberhill Development which is going
to pour right over the hill.
G:>de Enforcement Manager Chipman agreed.
G:>de Enforcement Officer Lopez indicated he had sent notices and citations but received
no response.
-
G:>de Enforcement Manager Chipman stated G:>de Enforcement Officer Lopez knows that
Ward's is the one who actually leases the property and puts his stuff there. He inquired as to
where Ward's place of business is actually located. He also inquired if he lived here in town.
G:>de Enforcement Office Lopez stated he lives on Arnold Street.
G:>de Enforcement Manager Chipman noted this was the guy on Arnold Street.
G:>de Enforcement Officer Lopez indicated this was the last Nuisance case he had on
Arnold. He stated there were junk, trash and debris on the side.
Board Member Fagan indicated there still was.
G:>de Enforcement Officer Lopez agreed indicating the time has not expired yet. He
indicated people have told him he was the one that put the junk, trash and debris there but
that he could not prove it and since he has not had any contact with the property owners.
G:>de Enforcement Manager Chipman again noted this was the same guy. He asked if the
letters were going to the Arnold address.
G:>de Enforcement Officer Lopez indicated they were going to the property owners.
G:>de Enforcement Manager Chipman stated he was not going after Ward's Trucking, he
was going after the property owner and they have failed to receive any of the
correspondence.
Agenda Item No
Page of
PAGE 7 - NUISANCE ABATEMENT MINUTES - APRIL 17, 2007
-
Code Enforcement Officer Lopez indicated they have received some of the certified mail
returned signed but has received no phone contact.
Chairwoman WattS indicated the last letter was sent back
Code Enforcement Officer Lopez stated it was the Nuisance; it was the one that was
received in February.
Chairwoman WattS believes that was for the citation. She stated it was dated April 12, 2007.
Code Enforcement Manager Chipman indicated it was signed by Valverde on 2/3/07.
Code Enforcement Officer Lopez stated that was for the citation.
Code Enforcement Manager Chipman stated it was actually L. Valverde. He indicated he
felt better knowing that they were notified and being taken advantage of.
Code Enforcement Officer Lopez stated he may be taking advantage of them and not paying
that would be his style. He indicated he did not feel it appropriate to take Mr. Ward to
nuisance since it was not his property.
Code Enforcement Manager Chipman agreed.
Code Enforcement Officer Lopez stated it was unfortunate.
Board Member Fagan indicated he did not have problem with it.
Chairwoman WattS stated she could not find the property, but the pictures in the book tells
the whole story.
Board Member Fagan commented the only change he could see was one truck and a camper
was not there today.
Code Enforcement Officer Lopez asked if it was a green truck
Board Member Fagan indicated it was.
Code Enforcement Officer Lopez stated that was a Ward's truck He indicated he parks his
truck on the property.
Board Member Fagan indicated the motor home was still there, the big pipes and the pile of
whatever was still there and he did not even get close.
Agenda Item No
Page of
PAGE 8 - NUISANCE ABATEMENT MINUTES - APRIL 17, 2007
-
MOVED BY CHAIR WOMAN WATTS, SECONDED BY BOARD
MEMBER FAGAN, AND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO DECLARE 28804 HOFF STREET, APN 389-142-005-4,
LAKE ELSINORE, CA, A PUBLIC NUISANCE.
DISCUSSION/REVIEW
4. Vacant lot on Arnold. Lake Elsinore. CA
Chairwoman Watts requested a review regarding the vacant lot on Arnold brought to
Nuisance on March 20,2007.
Board Member Fagan indicated the mess was still there.
Code Enforcement Officer Lopez indicated he received an estnnate from a local
businessman of $600.00 plus to clean it up.
Board Member Fagan stated let's go for it.
Code Enforcement Manager Chipman stated it was declared a nuisance last hearing. He
indicated we had to wait for the allotted time to move forward.
Code Enforcement Officer Lopez commented it would be around the 21st.
CODE ENFORCEMENT COMMENTS:
Code Enforcement Officer Lopez commented on the following:
. Code Enforcement Manager Chipman stated the property on Lawrence was being
taken care of and that we were in good shape on that one.
. Code Enforcement Officer Lopez indicated he had executed an abatement warrant
on the property on Biarritz. He stated they had pulled out approximately 5 ~ tons
of debris from the backyard.
BOARD COMMENTS
Chairwoman Watts indicated that the City looked good.
Agenda Item No
Page of
PAGE 9 - NUISANCE ABATEMENT MINUTES - APRIL 17, 2007
-
ADJOURNMENT
MOVED BY CHAIRWOMAN WATTS TO ADJOURN THE
NUSIANCE ABATEMENT HEARING AT 4:57 P.M.
.~ .'U/~
(. <.t/l'Li/
Chairwoman, Loraine Watts
Respectfully Submitted,
'J)/}
Joyce M Teyler
Office Specialist I
ATTEST:
-
~/;-~~.
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, MAY 15, 2007
*:~:~:~:~*:~:~:~:~:~:~:.:~:.:~:~:~:~:~*:~:~: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:t:t:t:t:t:t
CALL TO ORDER
The regular Nuisance Abatement Hearing was called to order by Robin Chipman, Code
Enforcement Manager at 4:32 PM
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Tony Romero.
ROLL CALL
PRESENT: BOARD MEMBER:
FAGAN
WATTS
PRESENT: CHAIR WOMAN:
PRESENT: CODE ENFORCEMENT MANAGER:
CHIPMAN
Also present were: Code Enforcement Officer Lopez, Office Specialist Teyler.
PUBLIC COMMENTS
None.
CONSENT CALENDAR
1. The following Minutes were approved:
A. Minutes for March 20,2007
MOVED BY CODE 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
Chairwoman Watts opened the Public Hearing at 4:34 p.m.
Agenda Item No
Page of
PAGE 2 - NUISANCE ABATEMENT MINUTES - MAY 15,2007
-
2. Vacant lot.. APN 378-262-049-5. Lake Elsinore. CA
Chairwoman WattS called upon Q)de Enforcement Officer Lopez.
Code Enforcement Officer Lopez indicated he received a telephone call from the son of
the late property owner of record who stated the property was sold in September of 2006.
He stated the son forwarded to him the information regarding the new property owner.
He asked that this case be postponed to the next hearing in order to notify the new
property owner. He stated he attempted to have the prior owner fax copies of any
transactions so we have documentation stating the property had a new owner.
Chairwoman WattS concurred.
Q)de Enforcement Manager Chipman requested clarification if Ruth Reeves was who we
sent the letter to.
Q)de Enforcement Officer Lopez concurred. He stated this was the owner of record on the
tax roll.
Q)de Enforcement Manager Chipman inquired if that was the current owner.
Q)de Enforcement Officer Lopez stated it was not. He indicated she was deceased and her
son called on her behalf stating the property was sold in September of 2006. He stated the
son gave him the name of the new property owner and the address.
Q)de Enforcement Manager Chipman asked the Board if they now know there is a new
owner will it do any good to wait to send the notice to the new owner or do they have the
right to declare this a nuisance without notice.
Q)de Enforcement Officer Lopez stated they had the right to declare the property a
nuisance but he would like to give the new property owners notice. He indicated some of
the violations had been corrected. He stated the trailer was gone but there was still quite a
bit of debris left from the removal of the trailer. He indicated there still was a problem with
the un-permitted grading.
Q)de Enforcement Manager Chipman asked if any contact had been made with the current
owner of the property.
Q)de Enforcement Officer Lopez stated there had not. He indicated he had just received
the telephone call yesterday from the prior owner. He commented that when he served a
Notice of Violation to the occupants of the trailer on the property, they had knowledge of
the new owner but would not give him any details regarding names or addresses. He stated
he asked the occupants to forward the Notice of Violation to the property owner. He
indicated there has not been any type of legal notification to the current property owners
regarding the nuisance hearing.
Agenda Item No
Page of
PAGE 3 - NUISANCE ABATEMENT MINUTES - MAY 15,2007
Chairwoman Watts inquired if the current owner lived in Lake Elsinore or out of the City.
CDde Enforcement Officer Lopez stated they were out of the City in Mira Loma.
Board Member Fagan noted that CDde Enforcement Officer Lopez had been dealing with
the wrong person.
CDde Enforcement Officer Lopez concurred. He indicated he could only go by the records.
Board Member Fagan indicated he had a problem with declaring the property a nuisance
without proper notification of the legal owner. He asked if there was any problem in
delaying this to the next hearing.
CDde Enforcement Officer Lopez stated he would recommend delaying it to the next
hearing in order to give him the opportunity to send the appropriate notices so the
individual can come and represent himself.
Board Member Fagan concurred.
MOVED BY BOARD MEMBER FAGAN, SECONDED BY CODE
ENFORCEMENT MANAGER CHIPMAN AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DELAY THE
PROCEEDINGS TO THE NEXT NUISANCE HEARING FOR
THE PROPERTY AT APN 378-262-049-5, LAKE ELSINORE, CA
3. 539 Lake Stree~ APN 373-173-007-7. Lake Elsinore. CA
Chairwoman Watts called upon CDde Enforcement Officer Guzman.
CDde Enforcement Officer Guzman indicated this was not the first time the City CDde
Enforcement attempted to resolve the problem at this location. She stated at her last
inspection the front yard was full of debris and household appliances and to the rear of the
property there was so much junk, trash, debris it was basically unidentifiable. She stated she
spoke to the son "Edwin" and he stated the only items left were patio furniture. She stated
she does not see it as patio furniture. She indicated the stuff they threw away was piled up in
the back in the alleyway on Acacia Street.
Board Member Fagan indicated he drove by the property on Saturday. He stated the City
has had an incident with this guy before where he would throw trash over the fence into the
empty yard. He commented there was a brand new house there now and they would like it
to cease.
CDde Enforcement Officer Guzman stated she was getting complaints.
Agenda Item No
Page of
PAGE 4 - NUISANCE ABATEMENT MINUTES - MAY 15,2007
Board Member Fagan indicated the property was a mess. He commented on the shack in
the back
Code Enforcement Officer Guzman indicated that during the NE T Project Building and
Safety Division wrote them a Notice of Correction regarding the shed. She stated she spoke
with the mom last week and she explained to her that she needed an extension. She
commented on the last case was written up in 2005 so they have had sufficient time to clean
the property up.
Board Member Fagan indicated it looked like a fire hazard.
Code Enforcement Officer Guzman concurred. She stated the neighbors are complaining
of rodents coming from that property.
Chairwoman Watts indicated this propertywas declared a nuisance once before.
Code Enforcement Officer Guzman concurred. She stated it was declared a nuisance in
2005 but she does not know what transpired from that decision.
Code Enforcement Manager Chipman commented on the large turnover in the Code
Enforcement Division wherein the records were misplaced and work not completed.
Chairwoman Watts recommended for a second time the property be declared a nuisance.
MOVED BY CHAIRWOMAN WATTS, SECONDED BY BOARD
MEMBER FAGAN CARRIED BY UNANIMOUS VOTE OF
THOSE PRESENT TO DECLARE 539 LAKE STREET, APN 373-
173-007-7, LAKE ELSINORE, CAA PUBLIC NUISANCE.
4. Code Enforcement Comments:
Code Enforcement Officer Lopez commented on Lawrence Street case which has
been closed due to the property owner had complied and a Demand for Payment
sent.
5. Nuisance Abatement Board Comments:
Chairwoman Watts mentioned the vacant lot near the library has had trash dumped
on it again.
ADJOURNMENT
MOVED BY CHAIRWOMAN WATTS TO ADJOURN THE
NUSIANCE ABATEMENT HEARING AT 4:46 P.M.
Agenda Item No
Page of
PAGE 5 - NUISANCE ABATEMENT MINUTES - MAY 15,2007
:z(~ iJ~
Oiairwoman, Loraine Watts
Respectfully Submitted,
m~
Joyce M Teyler
Office Specialist I
A TrEST:
~. /(. ~
Robin Chipman, Secretary to th Board
Agenda Item No
Page of
MINUTES
NUISANCE ABATEMENT HEARING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, JUNE 19,2007
:~*:~:~*:.*:.*:~*:~**:.*:~*:.:~:.*:.*:.**:.*:~*:.;.*:.**:.:.**:.*:.*:.:.*:~*:.*:.*:.*:t:t**:t:t**:t:t
CALL TO ORDER
The regular Nuisance Abatement Hearing was called to order by Robin Chipman, Code
Enforcement Manager at 4:34 PM
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Fred Lopez.
ROLL CALL
PRESENT: BOARD MEMBER:
PRESENT: CHAIR WOMAN:
FAGAN
WATTS
PRESENT: CODE ENFORCEMENT MANAGER:
CHIPMAN
Also present were: Code Enforcement Officer Lopez, Office Specialist T eyler.
PUBLIC COMMENTS
None.
CONSENT CALENDAR
1. The following Minutes were approved:
A. Minutes for April 17, 2007
MOVED BY CODE ENFORCEMENT MANAGER CHIPMAN,
SECONDED BY BOARD MEMBER FAGAN, AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE
CONSENT CALENDAR AS PRESENTED.
PUBLIC HEARINGS
Chairwoman Watts opened the Public Hearing at 4:35 p.rn.
Agenda Item No
Page of
PAGE 2 - NUISANCE ABATEMENT MINUTES - JUNE 19,2007
2. Vacant lot. APN 378-262-049-5. Lake Elsinore. CA
d1airwoman Watts called upon Code Enforcement Officer Lopez.
Code Enforcement Officer Lopez indicated this was a continuation from last month's
Nuisance Hearing wherein we had just received new information regarding the property
owner. He stated the current property owner Jaime Alisa Huerta was notified via
Certified Mail. He commented they signed for letter and were aware of the meeting. He
indicated on the vacant lot located at Hunt and Horborow there exists un-permitted
grading, associated construction related supplies and miscellaneous junk, trash and
debris. He further commented the excavation has left a very sizable hole in the ground
which obviously is a danger to the public. He stated one of the remedies will be to fence
the hole to prevent any accidents. He indicated it would not be feasible to bring the
property to its original condition so the other alternative would be to fence it off to make
it safe.
d1airwoman Watts inquired if Board Member Fagan had any comments.
Board Member Fagan indicated he inspected the property today and he agreed with Code
Enforcement Lopez. He inquired if the property was declared a nuisance would the City be
putting up the temporary fence.
Code Enforcement Officer Lopez concurred.
MOVED BY BOARD MEMBER FAGAN, SECONDED BY
CHAIRWOMAN WATTS AND CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT TO DECLARE THE VACANT LOT AT
APN 378-262-049-5, LAKE ELSINORE, CA A PUBLIC NUISANCE.
3. Code Enforcement Comments:
Code Enforcement Officer Lopez commented on Stevens Street. He indicated all
the necessary work to bring the property in compliance has been completed.
4. Nuisance Abatement Board Comments:
None.
ADJOURNMENT
MOVED BY CHAIRWOMAN WATTS TO ADJOURN THE
NUSIANCE ABATEMENT HEARING AT 4:39 P.M.
Agenda Item No
Page of
PAGE 3 - NUISANCE ABATEMENT MINUTES - JUNE 19,2007
-
~ /tJ;P~
Chairwoman, Loraine Watts
Respectfully Submitted,
~~1::1r~
Office Specialist I
A TrEST:
r
~'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, AUGUST 21, 2007
:~*:~:.*:.:~:.*:~*:~:~*:~*:~*:.:~:.*:.*:.*:.:.*:.*:.**=.*=.***=.*:.=.*:.*:.*:.*:.*:.*:.:.:.*:.**=.=.:.*
CALL TO ORDER
The regular Nuisance Abatement Hearing was called to order by Robin Chipman, Code
Enforcement Manager at 4:36 PM
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Tim Fleming.
ROLL CALL
PRESENT: BOARD MEMBER:
FAGAN
PRESENT: CHAIR WOMAN:
WATTS
PRESENT: CODE ENFORCEMENT MANAGER:
CHIPMAN
Also present were: Code Enforcement Officer Lopez, Code Enforcement Officer
Guzman, Code Enforcement Officer Slater, Office Specialist Teyler.
PUBLIC COMMENTS
Sam Gregory spoke on his behalf regarding 405 South Spring Street. He indicated he
initially volunteered his property for an aeration project for the construction office and the
lay down area for the job. He stated EVMWD wrote a letter to the City at which time a
permit was obtained for storage, security, boats, construction materials, dock, electric meter,
water meter, phone and construction equipment. He further commented he received a
license from the City for Metro Builders & Engineers Group, L ro. He stated they were still
working on the project.
CONSENT CALENDAR
1. The following Minutes were approved:
A. Minutes for May 15, 2007
Agenda Item No
Page of
PAGE 2 - NUISANCE ABATEMENT MINUTES - AUGUST 21, 2007
MOVED BY BOARD MEMBER FAGAN, SECONDED BY
CHAIRWOMAN WATTS, AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO APPROVE THE CONSENT
CALENDAR AS PRESENTED.
PUBLIC HEARINGS
Chairwoman Watts opened the Public Hearing at 4:42 p.m
2. 241 Ohio Street. APN 379-242-024-5. Lake Elsinore. CA
Code Enforcement Manager Chipman requested a synopsis from Code Enforcement
Officer Lopez.
Code Enforcement Officer Lopez indicated this address was issued a Notice of Violation
on March 13, 2007 for various violations of the Lake Elsinore Municipal Code most
notably inoperative vehicles, junk, trash and debris located in the rear setback of the
property. He further commented the property was cited for lack of landscaping as well as
unpainted exteriors. He indicated the property owner contacted Code Enforcement
Manager Chipman stating he was out of town and unable to attend the hearing. He stated
the property owner asked for an extension on the nuisance case. He commented upon
inspecting the property today some of the work had been completed, one inoperative
vehicle had been removed, the landscaping was looking good and the house exterior was
painted. He indicated the main issue still remained regarding the other three inoperative
vehicles as well as all the junk, trash and debris located in the rear yard. Code
Enforcement Office Lopez recommended the property be declared a public nuisance and
extend the time for the property owner to complete these tasks in thirty days. He stated if
the property owner fails to comply then the City can continue with the abatement process.
Board Member Fagan inquired if the property owner stated he was out of town.
Code Enforcement Manager Chipman indicated the property owner stated he was out of
state. He explained he was working out of state to try to earn money to stay out of
foreclosure. He stated the property owner indicated he would come back into the state, if
necessary. He commented the property owner was informed he would have to have the
property in compliance in thirty days whether the property was declared a nuisance or not.
He stated the property owner indicated he would make a special flight back to the California
to remove the inoperative vehicles. He indicated the property owner stated he had painted
the house recently and thought the yard was in compliance.
Code Enforcement Officer Lopez indicated the front yard was not the issue; it was the rear
yard as indicated in the pictures. He stated there was a lot of junk, trash and debris located
in the rear yard that is clearly visible from neighboring properties which is the main issue
including the three inoperable vehicles in the driveway.
Agenda Item No
Page of
PAGE 3 - NUISANCE ABATEMENT MINUTES - AUGUST 21, 2007
Chairwoman Watts inquired if the vehicles were registered.
Code Enforcement Officer Lopez indicated he did not have that information but stated it
was clear the vehicles were not operable. He commented on the Toyota with major front
end damage and the two Volvo's had been sitting there for well over a year.
Board Member Fagan indicated the photographs were taken in March and the property
looked exactly the same on Friday when he inspected the property.
Code Enforcement Manager Chipman indicated if an extension was granted the property
owner would not be able to accomplish all the work within the next thirty days. He stated
the property owner indicated he was really struggling to make ends meet and although he
sympathizes with him he just has his doubts whether or not he would be able to be in
compliance within the thirty day time frame.
Board Member Fagan indicated this was a relatively nice neighborhood and this property
stands out.
Chairwoman Watts inquired when would the property owner be expected to fly in to take
care of the property.
Code Enforcement Manager Chipman indicated he would wait until the results of the
hearing to make his determination. He stated he felt it would be difficult for him to get the
time off, fly in and clean up the property. He commented on the fact this would take weeks
to clean up.
Board Member Fagan indicated he had been notified back in March. He stated he
recommended the property be declared a nuisance.
Code Enforcement Manager Chipman concurred stating he did not believe this case would
be solved by extending it thirty days.
MOVED BY CHAIRWOMAN WATTS, SECONDED BY CODE
ENFORCEMENT MANAGER CHIPMAN AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE 241
OHIO STREET, APN 379-242-024-5, LAKE ELSINORE, CA A
PUBLIC NUISANCE.
3. 1101 Jefferson Street. APN 379-321-005. Lake Elsinore. CA
Chairwoman Watts requested a synopsis from Code Enforcement Officer Lopez
Code Enforcement Officer Lopez indicated this property was issued a Notice of Violation
on October 13, 2006 for an illegal fence located in the front set back. He stated pursuant to
the Lake Elsinore Zoning Code the maximum height for a fence in the front yard set back is
36" or three feet and this fence is approximate five feet high. He indicated another issue
Agenda Item No
Page of
PAGE 4 - NUISANCE ABATEMENT MINUTES - AUGUST 21, 2007
regarding this property is behind that fence is an inoperative vehicle, an old SeaDoo type
watercraft and some old tires. He stated it appeared to him the fence is covering up this
individual's junk, trash and debris. He explained the property owner had been notified, cited
numerous occasions and even came down to City Hall to argue about receiving the citations
feeling he was being "picked on." He stated he explained to the property owner he was not
being "picked on" and the fence needed to be removed and the items in the front yard
removed from public view. He stated the property owner is now non-compliant. He
indicated he signs for all the certified mail so he knows what is going on he just refuses to
comply so it is recommended it be declared a public nuisance allowing us to remove the
illegal fence and abate the items behind it in the front yard set back
G:>de Enforcement Manager Chipman inquired if the fence was on his property or on the lot
next door.
G:>de Enforcement Officer Lopez indicated it was on his property
G:>de Enforcement Manager Chipman stated if the fence is in the front set back, therefore
he cannot have the fence.
G:>de Enforcement Officer Lopez concurred.
Board Member Fagan stated it was his front lawn.
Chairwoman Watts asked if Board Member Fagan had any comments.
Board Member Fagan stated he counted the number of vehicles parked in the driveway
including a motor home. He recommended this case be declared a nuisance.
MOVED BY BOARD MEMBER FAGAN, SECONDED BY
CHAIRWOMAN WATTS AND CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT TO DECLARE 1101 JEFFERSON STREET,
APN 379-0321-055, LAKE ELSINORE, CAA PUBLIC NUISANCE.
4. 1001 West Heald. APN 379-0212-003. Lake Elsinore. CA
G:>de Enforcement Manager Chipman requested a synopsis from G:>de Enforcement
Officer Slater.
G:>de Enforcement Officer Slater indicated this involved a single family residence, the case
being originally written up on November 6, 2006. He stated there were numerous violations
such as using a second story patio as storage area. He explained the property was owner
occupied renting a unit out downstairs using the second story balcony outside to store
furniture, appliances, boxes, exercise equipment and things of that nature. He stated the
notices, warnings and cites were continuous and ongoing with no response from the
property owner. He indicated the response he did receive was excuses including an ailment,
back injury, arthritis with extension after extension finally informing the property owner if
Agenda Item No
Page of
PAGE 5 - NUISANCE ABATEMENT MINUTES - AUGUST 21, 2007
the property was not cleaned up by a particular date it would be sent to nuisance and even
beyond that more warnings were issued. He stated when the property owner did do
something about the mess; he only relocated the items to the backyard which is clearly
visible from an alley. He indicated in the back there is a dilapidated wooden fence along the
alley; paint is peeling, worn and chipped. He stated there is a questionable patio cover in the
backyard with lots of items stored under there. He explained the trees are heavily overgrown
hanging within two feet of the ground; our requirements are six feet off the ground. He
further explained he has a lot of dead vegetation, storage of shelves, lumber, furniture,
supplies and lots of miscellaneous items. He stated based on the owner's and tenant's lack
of response, his lack of willingness to address the issues and lack of contact he recommends
we declare this property a nuisance.
Board Member Fagan indicated the fence was in the same condition as it was in the
photographs. He stated it appeared to him the property owner had an additional vehicle in
the front, a big motor home or trailer.
Code Enforcement Officer Slater indicated the property owner had a storage container and a
large canopy in the front driveway.
Board Member Fagan stated that was what he had observed.
Code Enforcement Officer Slater stated there did not appear to be any inoperative vehicles
on the property at the time of his inspection. He indicated between 3:00 and 3:45 he did a
visible inspection of all the properties in today's nuisance hearing. He stated there were no
notable changes to the property at that time.
Code Enforcement Manager Chipman asked if the property owner had been cited.
Code Enforcement Officer Slater stated he had been cited.
Board Member Fagan indicated the property owner had ample time.
Code Enforcement Officer Slater indicated the property owner had been issued one citation.
Board Member Fagan inquired if he lived there.
Code Enforcement Officer Slater stated the property was owner occupied.
Code Enforcement Manager Chipman stated there was no question the property owner was
aware of what was going on with his property.
Code Enforcement Officer Slater stated there was no question indicating Code Enforcement
Assistant Joyce had conversations with the property owner, consulted with Officer Slater
and put the telephone call through to him. He indicated at that time he spoke to the
property owner with Code Enforcement Assistant Joyce as a witness informing him if the
Agenda Item No
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PAGE 6 - NUISANCE ABATEMENT MINUTES - AUGUST 21, 2007
work was not done by a particular date it was going to nuisance. He stated that conversation
took place on December 2, 2006.
Chairwoman Watts indicated from December to now, the property should have been
cleaned.
Code Enforcement Officer Slater commented the junk had just been relocated.
MOVED BY CHAIRWOMAN WATTS, SECONDED BY BOARD
MEMBER FAGAN AND CARRIED BY UNANIMOUS VOTE OF
THOSE PRESENT TO DECLARE 1001 WEST HEALD, APN 379-
212-003, LAKE ELSINORE, CAAPUBLICNUISANCE.
5. Lakeshore Drive & Spring Street. APN 374-283-002. 374-284-001. 374-
284-002.374-284-003 & 374-284-004. Lake Elsinore. CA
Chairwoman Watts requested a synopsis from Code Enforcement Officer Slater.
Code Enforcement Officer Slater indicated the address on the Staff Report was 405 South
Spring but we are actually addressing approximately five or six parcels along the Lake within
the Lakeshore Overlay. He stated it is at the end of Spring Street at the intersection of
Lakeshore Drive. He indicated a contractor, Samuel Gregory, is present with his partner.
He explained at the direction of City Council and City Management, Code Enforcement
conducted the Lakeshore dean-up, inspected over 170 parcels of property between :Main
Street along the Lake/Lakeshore around to Joy Street and the City Campground. He stated
every property that was found to be in violation with fences, storage of RV's, campers,
trailers, walls, foundations, slabs were issued a Notice of Violation and each property owner
was required to abate the conditions. He indicated to date we have no active cases along the
Lakeshore with the exception of Mr. Gregory's.
Code Enforcement Officer Slater explained it was in October Mr. Gregory was contracted
by the Lake Elsinore Valley Municipal Water District to install the lines in the Lake to aerate
the Lake. He further explained this would affect the City as well as they funded a portion of
this project. He stated Mr. Gregory provided a letter to the City from EVMWD officials in
support of him using his parcels of property along the Lake as a staging area for the Lake
Aeration Project. He stated as the project began complaints started coming into City Staff
regarding other activities that were going on on that particular property. He indicated upon
initial inspection you would see the storage of different types of material, a campfire pit, RV,
more stone, rocks, slabs and other things not related to the project. He commented on what
became common knowledge of the community was Mr. Gregory was attempting to start and
maintain the "Spring Street :Marina" with a nice dock where people could come park their
boat and get something to eat. He stated the plans were great but were not being dealt with
the right way. He described an incident wherein the street was being dug up one afternoon
without an encroachment permit for installation of waterlines, tapping into the City's
waterlines which was turned over to the Engineering Department and Building Inspectors
who issued a Stop Work Notice. He indicated they were given instructions to stop the
Agenda Item No
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project where it was, cap the waterlines, fill the hole with the same dirt that was taken out
and remove all dirt that was foreign from this district. He also indicated he was given
instructions to come in and speak with Mr. Chipman the following day. He stated he had a
meeting with Mr. Chipman, the City Engineer Ken Semeulo and an Engineering Inspector
Bob Stover. He indicated at that meeting it was determined the permit he had in his
possession was solely for the Lake Aeration Project and if it was not related to the Project it
had to be abated. He stated he was permitted to continue with the Lake Aeration Project
using the property for that Project only. He stated the Ribbon Gltting Ceremony was
scheduled for June 1, 2007 and Mr. Gregory was given until June 15, 2007 to have
everything off the lot. He commented if God did not put it there, it did not belong there.
He stated the date had come and gone and all the items still remained. He indicated several
other warning notices were issued, verbal warnings issued on several occasions, mailed more
paperwork and finally citations. He described a conversation with Mr. Gregory and his
partner recently wherein they were vacating the property, cleaning all the items up and
relocating them to another location outside of City limits where they have another project
ongoing. He indicated when he inspected the property this morning, he had a conversation
with his partner wherein they discussed they had ads out to sell the dock in order to get it off
the property. He stated there remains one tractor, two boats, a fire pit, a dead tree stump,
two jet skis, a port-a-potty, an office trailer and some miscellaneous equipment on one side
of the trailer. He indicated this was a remarkable change from what it was in the beginning.
He commented on the change in attitude and conduct from Mr. Gregory who is trying to
cooperate. He recommended the Board declare this property a nuisance. He commented
on the conversation he had with Mr. Gregory's partner it was indicated they would most
likely be contesting or bringing this case to an appeal before the City Council for an extra
thirty days in which they thought it might be necessary in order to get the trailer off the lot.
He recommended, unless Mr. Chipman objects, we declare the property a nuisance today
giving him thirty days to remove everything from the lot including the fence.
Board Member Fagan inquired if someone was living in the trailer or if it was an office
trailer.
Code Enforcement Officer Slater indicated it was an office trailer.
Code Enforcement Manager Chipman inquired if the dock was still there.
Code Enforcement Officer Slater indicated the dock was still there. He stated the property
owner passed out flyers receiving calls regarding proposals from individuals that want to
purchase the dock
Code Enforcement Manager Chipman requests property owner Samuel Gregory to approach
the podium including his partner Tom He indicated he appreciated Mr. Gregory's work on
the Aeration Project. He stated we are beyond that now and we are discussing the private
use of this parcel. He indicated there have been many discussions regarding this including
Mr. Gregory signing a letter of agreement that he would be off the property by now.
Agenda Item No
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PAGE 8 - NUISANCE ABATEMENT MINUTES - AUGUST 21, 2007
Mr. Gregory indicated that Code Enforcement Manager Chipman had told him that if the
job lasted longer he would give him more time.
Code Enforcement Manager Chipman stated he did not tell him that.
Mr. Gregory indicated Code Enforcement Manager Chipman did say he would give him
more tune.
Code Enforcement Manager Chipman stated he did not and he had the letter to prove it
with his signature.
Mr. Gregory indicated again that Code Enforcement Manager Chipman had told him if the
job last longer and he would give him more time.
Code Enforcement Manager Chipman asked Mr. Gregory to give them one good reason this
property should not be declared a nuisance.
Mr. Gregory stated the property was not a nuisance. He indicated everything there was for
the job and there was nothing bad about the property. He commented it was not bothering
anybody.
Code Enforcement Manager Chipman stated the property was in violation of the zoning
codes and therefore it is a nuisance.
Mr. Gregory stated it was not in violation of any zoning codes during the course of the job
with a permit to do the work
Code Enforcement Manager Chipman stated he skirted that also by using the property for
personal use. He stated he did not believe a jet ski was necessary to install aeration project.
Mr. Gregory indicated he had been using the property for personal use for five years. He
stated the fire pit was there from when he was camping before. He indicated he did not
create the fire pit during that job, it had been there. He commented on how the fire pit was
damaged by workers dragging pipes over it.
Code Enforcement Manager Chipman stated he did not believe the ski boats, jet skis and the
motor home had anything to do with the project.
Mr. Gregory stated the boats were used for the job.
Code Enforcement Manager Chipman indicated the job was over.
Mr. Gregory disagreed stating he could string out for two months due to him being asked to
do ten more changeovers to fit. He indicated he was never asked if the job was over.
Agenda Item No
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PAGE 9 - NUISANCE ABATEMENT MINUTES - AUGUST 21, 2007
Code Enforcement Manager Chipman indicated the job is officially over, the ribbon cutting
is done.
Mr. Gregory stated Code Enforcement Officer Slater stated the job started in October but in
actuality he got the job in June or July and the permit was issued in August. He indicated in
January tickets were being written for items on the site that were used for the job as if there
was no permit. He stated a file was created making it look like he was a crook He indicated
he had not been a crook at all just doing the job, doing permitted work and now you want to
make it a nuisance. He commented on the job not being done and the place has not been
cleaned up from the job. He indicated they are calling a construction lay down area a
nuisance asking them if they had ever seen a construction lay down area.
Code Enforcement Manager Chipman indicated his job with the City contract had been
completed. He stated there may be a contract with the Water District but not with the City.
Mr. Gregory wagered a million dollar bet on that fact. He asked if the City permit to use
that property for the job is completed.
Code Enforcement Manager Chipman stated they had already had this discussion that an
agreement was met that he would be off the property.
Mr. Gregory stated Code Enforcement Manager Chipman was not a good person to work
for.
Code Enforcement Manager Chipman indicated Mr. Gregory and he had an agreement and
every time they reach an agreement Mr. Gregory does not uphold his end of the agreement.
Mr. Gregory indicated he had to take two days off from his hectic schedule in October.
Code Enforcement Officer Slater commented on the contact he made with Mr. Gregory in
October regarding the survey. He stated Mr. Gregory implied he had permits from the City,
each of the three times he requested to see them no proof was provided to the City.
Mr. Gregory stated that was a lie.
Code Enforcement Manager Chipman asked Mr. Gregory to please allow Code
Enforcement Officer Slater to continue.
Mr. Gregory inquired as to why he would not show him the pennit when he was trying to
get him off his back
Board Member Fagan indicated he knows Mr. Chipman and Officer Slater have
documentation to back up everything they say. He asked Mr. Gregory if he had any
documentation to contradict that statement.
Agenda Item No
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PAGE 10 - NUISANCE ABATEMENT MINUTES - AUGUST 21, 2007
Mr. Gregory indicated they had a lot of pictures. He stated he had the Gty License and the
permit. He inquired if Board Member Fagan would like to see the permit that was issued in
August.
Board Member Fagan indicated there was a copy in the file.
Code Enforcement Officer Slater stated there was a copy of the permit in the file.
Code Enforcement Manager Chipman stated it was a temporary use permit.
Code Enforcement Officer Slater indicated it was a temporary use permit that was issued.
Code Enforcement Manager Chipman indicated a temporary use permit is good for ninety
days or for the extent of the job. He stated the job was deemed finished by Pat Kilroy Lake
Operations when they had the ribbon cutting.
Mr. Gregory indicated Pat Kilroy was not running the job. He stated if they wanted to know
if the job was finished or not call the manager at the Water District, Greg Waltsky.
Code Enforcement Manager Chipman stated Pat Kilroy was with the Gty. He indicated we
do not work for the Water District.
Mr. Gregory indicated his contract was with the Water District.
Code Enforcement Manager Chipman indicated we do not work for the Water District.
Board Member Fagan asked about August '06.
Mr. Gregory stated yes, August '06 that is when he got the permit.
Board Member Fagan inquired if he was being paid by the Gty for over a year.
Mr. Gregory concurred.
Code Enforcement Manager Chipman stated his contract was never with the Gty, it was
with the Water District. He indicated the Gty only allowed him to use his property as a
staging area due to the Aeration Project would be a benefit to the Gty.
Mr. Gregory stated office and staging area. He indicated they were getting out of there as
fast as they could.
Code Enforcement Manager Chipman requested we stop at that point, recommended we
declare the property a nuisance.
Mr. Gregory indicated he did not want to be declared a nuisance.
Agenda Item No
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PAGE 11 - NUISANCE ABATEMENT MINUTES - AUGUST 21, 2007
Code Enforcement Manager Chipman stated it did not matter.
Mr. Gregory stated that was a false deal because he was not a nuisance.
Code Enforcement Manager Chipman indicated they would declare him a nuisance and if he
was in agreement to evacuate the property in the thirty days as requested it would not
matter.
Mr. Gregory inquired if it would cost him anything.
Code Enforcement Manager Chipman stated it would cost the same amount. He indicated
he would have to pay for today's hearing one way or another.
Mr. Gregory indicated that was not right. He stated it was against the constitution.
Board Member Fagan indicated the problem he had was Mr. Gregory was claiming people
were telling lies.
Mr. Gregory agreed. He stated Code Enforcement Officer Slater stated he did not show
him the permit and the letter requesting the permit, he was wrong because he showed him.
Board Member Fagan indicated he sees the permit and it also states the City at its option
may at anytime after the date of completion set forth in, in sense takes your money.
Mr. Gregory asked to see the letter where it states this.
Board Member Fagan asked if he was the owner of the property.
Mr. Gregory concurred. He stated he also works for Metro Builders.
Code Enforcement Officer Slater stated it was discovered through City resources that he
wanted to build a marina. He commented regarding a truck Mr. Gregory drives with a sign
"Spring Street Marina" on the door. He indicated Mr. Gregory was hauling products from
outside the district.
Mr. Gregory disagreed.
Chairwoman Watts requested only one person could talk at a time. She indicated Code
Enforcement Officer Slater was talking.
Code Enforcement Officer Slater indicated he brought in cement bricks and slabs which he
stated to Officer Slater those were the slabs he was going to use for dry camping for the RV
to park. He stated that was not related to the construction project. He indicated at the
beginning of the project before December he contacted Mr. Gregory three weeks in a row
regarding him working without a valid business license. He commented it was our courtesy
he was not cited, arrested or his equipment impounded. He stated he was observed by a
Agenda Item No
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PAGE 12 - NUISANCE ABATEMENT MINUTES -AUGUST 21, 2007
director from the Lake grading the property and building the pads for RV storage. He
indicated Mr. Gregory asked him to submit a PDF map to the City Director to show where
the pads are and he pointed to the bricks stating those bricks were for the pads in relation to
the grading. He indicated his statements alone indicate he was using his property for a
purpose other than the Lake Aeration Project which is not in the best interest of the City.
He indicated it was not permitted and planned and with 170 other property owners who
wished to do the same thing and not allowed, this is why he was here today.
Mr. Gregory stated his points were well taken.
Code Enforcement Officer Slater stated the citations issued before the permit was presented
had been suspended.
Mr. Gregory stated his points were well taken.
Code Enforcement Officer Slater stated pending the completion of the project and the
removal of everything from the property, the citations issued were suspended.
Mr. Gregory indicated the pavers which weighed, which were eight by sixteen four inches
tall were hauled in on four truck and trailers which was the major masonry items delivered to
the site for the job. He stated the last truck only had four or five pallets so he had to fill the
truck with pavers which he got at a good deal sixty-five cents a square foot. He indicated he
felt he could lay the pavers right now and still not be violating a law, just by laying them in
the sand making a concrete walkway. He commented he did not need a permit to lay pavers.
Code Enforcement Manager Chipman stated you do need a permit in the Lakeshore Overlay
District.
Code Enforcement Officer Slater stated you cannot do any improvements "Elevation 1265
without permits or written concession from the City of Lake Elsinore". He indicated unless
Mr. Gregory could produce a document written by a City Official that allows the items you
have on your property now, you cannot have them.
Mr. Gregory stated there are no nuisances now. He indicated he has two boats to move and
the stump he planted on the property line. He commented there was one stump left he put
on the pin regarding a record survey he had done to prevent someone from running over the
pin on his property line. He stated there were two stumps, two boats, an 8' x 12' wood deck
six inches off the floor with two kid boats, two jet skis, a picnic table and an office trailer.
Mr. GregoIjs partner Tom indicated the office trailer was there and was going to another
job site. He indicated it contained a fax machine, a copy machine, a computer which will go
to the other job site. He stated it was almost empty right now. He commented the trailer
will be gone.
Mr. Gregory stated everything will be gone.
Agenda Item No
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PAGE 13 - NUISANCE ABATEMENT MINUTES - AUGUST 21, 2007
Mr. Gregorfs partner Tom stated the boats will be gone.
Board Member Fagan inquired as to how much time would it take.
Mr. Gregory stated thirty days.
Mr. Gregorfs partner Tom asked to give them thirty days and it will be gone. He indicated
he was disappointed in Shawn who wrote a citation commenting as he was walking the
grounds how it was cleaned up. He stated Shawn stated he should not have written all those
violations on the citation and that he would vouch for them at the hearing. He stated he was
disappointed because Shawn should stand up for them. He commented all the violations on
the site are gone. He stated the fence was a warning now Officer Slater is stating the fence
has to be gone. He indicated there are fences all the way down the beach on Lakeshore.
Code Enforcement Manager Chipman stated they were dealing with those properties.
Mr. Gregorfs partner Tom stated when all the fences are gone they will move on it too. He
indicated he was told he had to remove his fence when Joe, June & Johnny get to keep their
fence.
Code Enforcement Officer Slater stated all other fences were pre-existing.
Mr. Gregory stated that fence was pre-existing too.
Code Enforcement Officer Slater indicated the fence was erected when your project began.
Mr. Gregory denied.
Code Enforcement Officer Slater stated he did let the Board know the property...
Mr. Gregory indicated the fence was there before he did the job. He stated he had another
point to make to the members of the Board. He stated no one told him his property was
one of the sites for the new City Hall. He commented on the contest with two of the
winners using his property for the new City Hall. He stated he was wondering if he had a
permit and we are out doing the job why in October into January during the job with full
knowledge of our permits during the lakeshore job with 20 miles of pipe. He produced
pictures for the Board.
G:>de Enforcement Manager Chipman asked if Mr. Gregory was trying to make a point
regarding the new City Center.
Mr. Gregory stated he was trying to figure out where they were coming from. He indicated
he believed City Council wants to keep them from doing any thing because they want the
property.
Agenda Item No
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PAGE 14 - NUISANCE ABATEMENT MINUTES - AUGUST 21,2007
G>de Enforcement Manager Chipman indicated this nuisance hearing has nothing to do
with the Civic Center or a potential future site.
Mr. Gregory inquired why he was being treated like a crook when he had permits.
G>de Enforcement Manager Chipman indicated they were simply trying to bring him into
compliance.
Mr. Gregory indicated they were moving off the site before the job was over.
G>de Enforcement Manager Chipman stated he appreciated the efforts to move the stuff.
He recommended the property be declared a nuisance, giving them thirty days to get the
mess cleaned up and if it was done it would be the end. He stated the bantering back and
forth doing one thing or the other was not going to get them anywhere.
Mr. Gregory stated the Board should vote against.
Mr. Gregory's partner Tom indicated he wanted to contest the citation.
G>de Enforcement Manager Chipman stated the ticket was a separate issue and to speak
with Officer Slater regarding the ticket at a later date as far as there being items on the ticket
he wrote up that can be reduced which is a separate issue not to be heard tonight.
Mr. Gregory stated he believed they declared war.
Board Member Fagan indicated there seemed to be personalities involved here.
G>de Enforcement Manager Chipman indicated there had been several discussions between
Mr. Gregory and himself and Shawn and Mr. Gregory. He stated Mr. Gregory had a certain
attitude regarding what he felt he could do on his property. He indicated he had future ideas
for the property but it conflicted with the Citis zoning codes right now and they needed to
be enforced.
Board Member Fagan indicated his feelings on this case was Mr. Gregory stating there were
liars here and a conspiracy to run him off the dock to build City Hall.
Mr. Gregory stated he was told if it took longer than five weeks he would get longer, there
was one lie. He indicated they stated he did not show the permit, there was another.
Board Member Fagan stated unfortunately he had a lot of documentation in front of him to
support what Officer Slater was saying.
Mr. Gregory stated there were a lot of pictures of stuff on his property.
Board Member Fagan concurred. He stated there were a lot of records.
Agenda Item No
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PAGE 15 - NUISANCE ABATEMENT MINUTES - AUGUST 21, 2007
Mr. Gregory asked if he could see one.
O>de Enforcement Manager Chipman stated no these were our records.
Board Member Fagan stated there was a list of letters that were mailed. He indicated there
were seven.
Mr. Gregory stated those were during the course of the job. He asked for the dates.
Board Member Fagan stated October.
Mr. Gregory indicated that was during the course of the job.
Board Member Fagan stated last year.
Mr. Gregory stated they were telling him to get his stuff off the job including his
construction trailer.
Board Member Fagan indicated out of the letters there was one from August of this year,
August the third, Hearing Notice.
Mr. Gregory indicated the Mayor intervened the last time they tried to throw him off and he
let us stay there until the job was over.
Board Member Fagan indicated that was improper action by the Mayor.
Mr. Gregory stated he believed the Mayor wanted to keep the Citis word that they give a
guy...
O>de Enforcement Manager Chipman indicated if the Board declares the property a
nuisance tonight you would have the right of appeal and it will go before the City O>uncil
and the Mayor can make his decision.
Mr. Gregory indicated he had put a lot to time into this. He indicated we all get paid and he
does not. He stated he would get an attorney and the newspaper too.
O>de Enforcement Manager Chipman stated it was his prerogative.
MOVED BY CODE ENFORCEMENT MANAGER CHIPMAN,
SECONDED BY CHAIRWOMAN WATTS AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE
VACANTS AT SPRING STREET AND LAKESHORE, APN 374-283-
002, 374-284-001, 374-284-002, 374-284-003 & 374-284-004, LAKE
ELSINORE, CAA PUBLIC NUISANCE.
Agenda Item No
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PAGE 16 - NUISANCE ABATEMENT MINUTES - AUGUST 21, 2007
6. 17797 Strickland Avenue. APN 375-152-047. 375-152-048 & 375-152-049.
Lake Elsinore. CA
Code Enforcement Manager Chipman asked Officer Slater if he was ready to present this
case.
Code Enforcement Officer Slater stated he was. He indicated this was a single family
residence located at 17797 Strickland Avenue. He stated this property was owned by a
Gerald and Evelyn Brown with their son Troy McIntosh acting as the caretaker. He
indicated prior to his employment with the Gty in 2004, he noticed a lot of stuff going on
with this property including open storage, construction material, supplies and in a general
state of disrepair regarding every code as far as a nuisance. He indicated further exploration
of the property revealed numerous inoperative vehicles, two or three occupied RV's in the
back, a fifth wheel trailer stored on a vacant occupied by Troy McIntosh and his significant
other. He stated there was construction work being done to the house; there was no power
meter, windows being changed out, no permits being on file at that time. He commented he
issued the property owner a Notice of Violation pending follow up inspections which
produced no actions. He stated he spoke to the caretaker Troy McIntosh who was living in
the fifth wheel on the side of the house. He indicated after a series of letters, fines,
conversations and meetings, he ultimately began cleaning the property. He stated he took a
closer look at the property and the County maps indicate there are three parcels, one with
the house and two adjacent to the house. He indicated Troy currently has a fence and wall
surrounding the two vacant parcels where he is storing his trailer, receiving power from the
adjacent property with a new owner. He commented the clean up came to a stand still and
every conversation was regarding the need for more time. He stated the property has not
changed in the course of six months. He indicated it did not appear Mr. McIntosh was
going to be able to comply in a timely manner. He recommended the Board declare the
property a nUISance.
Board Member Fagan stated he inspected the property and it seemed to be exactly as Officer
Slater described it.
Code Enforcement Manager Chipman indicated he had a history with Mr. McIntosh going
back a quite a few years. He stated Troy means well but does not get things done on time.
He indicated the fact there was storage on vacant parcels which was in direct violation, he
did not see any other way but to declare the property a nuisance.
MOVED BY CODE ENFORCEMENT MANAGER CHIPMAN,
SECONDED BY CHAIRWOMAN WATTS AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE 17797
STRICKLAND AVENUE, APN 375-152-047, 375-152-048 & 375-152-
049, LAKE ELSINORE, CAA PUBLIC NUISANCE.
7. 31183 Illinois Stree~ APN 379-202-014. Lake Elsinore. CA
Agenda Item No
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PAGE 17 - NUISANCE ABATEMENT MINUTES -AUGUST 21, 2007
Code Enforcement Officer Slater indicated this property located at 31183 Illinois Street, a
single family residence, was renter occupied for the last fifteen years. He stated the owner
lives in Orange County. He indicated the former tenants complained this owner did not
invest any resources, funds or time to maintain the property forcing the tenants to do
modifications. He stated during the course of issuing the Notice of Violation for inoperable
vehicles, overgrown trees, lack of landscaping, illegal fencing, peeling paint he discovered a
water heater was installed also discovered there was a 3' to 4' hole in the side of the house.
He stated he occupied a Building Inspector to the property wherein the property was
deemed uninhabitable, a vacate notice was issued for the tenants to vacate the property
immediately. He stated there were room conversions, electrical, mechanical, plumbing and
several other violations. He commented Mr. Chipman was addressing the structural issue in
Structure Abatement. He stated he was getting the property secured and boarded due to the
property recently being used for a stolen vehicle. He stated neighbors informed him the
property is being accessed by transients or people not known to them in the late evening
hours. He stated it was unsafe; it had blemished the neighborhood and invited unwanted
onlookers. He requested the property be declared a nuisance.
Code Enforcement Manager Chipman indicated the Building Division had declared the
property unsafe to occupy. He stated the property was in the structure abatement program.
He indicated the Building Division will pursue that probably demolishing the building. He
commented the property owner will have the right to submit plans to try to rehabilitate the
building if he works diligently, as of yet they had not seen anything. He stated this case
today was strictly to clean up the remaining nuisance issues around the property and secure
the property. He indicated they are having problems with transient activity with the Sheriff's
responding as this letter from a concerned neighbor indicates the property was bringing
additional problems into the neighborhood. He stated he had history with this property.
MOVED BY CODE ENFORCEMENT MANAGER CHIPMAN,
SECONDED BY CHAIRWOMAN WATTS AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE 31183
ILLINOIS STREET, APN 379-202-014, LAKE ELSINORE, CA A
PUBLIC NUISANCE.
8. 408 Ellis Street. APN 377-282-009-4. Lake Elsinore. CA
Chairwoman Watts requested a synopsis from Code Enforcement Officer Guzman.
Code Enforcement Officer Guzman indicated the case started on November 27, 2006, with
an inoperative Cadillac vehicle in the front set back with a question of whether or not it was
on the public right of way or on private property. She stated upon further inspection in
February, 2007 she discovered the property owner had a hauling service wherein he stored
the trash and debris in the back of his pick up trucks. She indicated there were two vehicles
filled with vegetation that was at first green and then turned brown which indicates to her
the vehicles were inoperable. She stated there was another Honda type vehicle in the
driveway, an SUV full of trash in the backyard seen from the alleyway. She explained she
wrote him up for graffiti on questionable shacks in the back wherein he stores lumber,
Agenda Item No
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PAGE 18 - NUISANCE ABATEMENT MINUTES - AUGUST 21,2007
cinderblocks and concrete. She indicated the only thing the property owner has done to
clean up the property was to paint over the red and blue graffiti on the shacks. She
explained she asked the property owner to fix the fence that was falling. She stated he has a
trailer with a generator in the backyard also construction equipment that was not being used.
She indicated the front yard was a mess with broken windows. She stated fresh sod was laid
but then it was just left to die. She explained there had been no response to notices sent.
O>de Enforcement :Manager Chipman asked the Board if they had a chance to go by the
property because he had not.
Board Member Fagan indicated he did not see any improvement from when the
photographs were taken.
O>de Enforcement :Manager Chipman noted the property owner had been cited
approximately $2,800.00.
O>de Enforcement Officer Guzman stated that was correct.
O>de Enforcement Manager Chipman inquired if any of those fines had been paid.
O>de Enforcement Officer Guzman indicated she did not believe any fines had been paid.
She stated the property owner signed for one citation the others all went unclaimed. She
stated the first citation sent out on March 22, 2007 for $650.00 was signed for by an Alicia
Delgado which we received no payment, no phone call or any type of contact. She indicated
the second citation was issued May 1, 2007 for $2,200.00 and that was returned to sender
"Unclaimed."
O>de Enforcement :Manager Chipman asked if there was any other contact with this
property owner.
O>de Enforcement Officer Guzman stated there had been no contact. She indicated during
her inspections she had never seen anyone there. She stated she received contact at one time
when she was addressing the O1dillac from an adolescent wherein she asked if the vehicle
belonged to him or his father. She indicated numerous complaints have been received
regarding the pick up truck with the stored junk in the back. She explained they move one
truck in and out of the driveway, it was either in the driveway or the City right of way but
she believed that vehicle does not run.
Code Enforcement Manager Chipman indicated he had heard enough testimony indicating
this was a "no brainer" that this property needed to be cleaned up.
MOVED BY CODE ENFORCEMENT MANAGER CHIPMAN,
SECONDED BY BOARD MEMBER FAGAN AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE 408
ELLIS STREET, APN 377-282-009-4, LAKE ELSINORE, CA A
PUBLIC NUISANCE.
Agenda Item No
Page of
PAGE 19 - NUISANCE ABATEMENT MINUTES - AUGUST 21, 2007
9. Code Enforcement Comments:
Code Enforcement Officer Slater explained the citation situation with Mr. Gregory
also the permit being presented to Officer Slater
4. Nuisance Abatement Board Comments:
Board Member Fagan indicated the Lake has been cleaned up considerably over the
last year. Code Enforcement Manager Chipman attributed the clean up to Officer
Slater.
ADJOURNMENT
MOVED BY CHAIRWOMAN WATTS TO ADJOURN THE
NUSIANCE ABATEMENT HEARING AT 4:39 P.M.
~U)~
Chairwoman, Loraine Watts
Respectfully Submitted,
Joyce M Teyler
Office Specialist I
ATTEST:
r
~'~',. ~
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, SEPTEMBER 18, 2007
:~*:~:~:~*:~*:~:~:.*:.*:.*:~:~:.:.:~:.*:.:.:.:.:.:.*:.*=.:.:.:.*:.:.=.*=.:.:.:.*=.*=.*=.*:.**=.**=.*:.=.:.*=.=.
CALL TO ORDER
The regular Nuisance Abatement Hearing was called to order by Robin Chipman, Code
Enforcement :Manager at 4:39 PM
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by:Marilyn Chipman.
ROLL CALL
PRESENT: BOARD MEMBER:
PRESENT: CHAIR WOMAN:
FAGAN
WATTS
PRESENT: CODE ENFORCEMENT MANAGER:
CHIPMAN
Also present were: Code Enfon:ement Officer Guzman, Code Enfon:ement Officer
Slater, and Office Specialist T eyler.
PUBLIC COMMENTS
Chairwoman Watts asked if the comments could wait until we hear Item # 7. Agreed.
CONSENT CALENDAR
1. The following Minutes were approved:
A. Minutes for June 19,2007
MOVED BY CODE ENFORCEMENT MANAGER CHIPMAN,
SECONDED BY CHAIRWOMAN WATTS, 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 - SEPTEMBER 18, 2007
PUBLIC HEARINGS
Chairwoman Watts opened the Public Hearing at 4:41 p.m
2. 246 E. Heald. APN 373-041-004-6. Lake Elsinore. CA
Chairwoman Watts requested Code Enforcement Officer Guzman present her case.
Code Enforcement Officer Guzman stated on Friday, September 13, 2007.
Code Enforcement Manager Chipman corrected the date as being September 14, 2007.
Code Enforcement Officer Guzman indicated the owner Mr. Javier Robledo Herrera had
visited City Hall and indicated to Joyce Teyler the property was all cleaned up. She stated
she was unable to inspect on Friday due to it being her day off. She stated the property
owner came to City Hall again on Monday and asked for a re-inspection. She indicated
she re-inspected the property, along with Officer Lopez, from an adjacent property
second floor. She commented on the property owner being correct. She indicated all
vehicles, car parts, tools, engine lifts were gone from the back of the property.
Board Member Fagan inquired as to her recommendation.
Code Enforcement Office Guzman indicated her recommendation was to waive any and
all fees for the nuisance abatement since he did have everything cleaned up prior to the
forty-eight hour limitation.
Code Enforcement Manager Chipman agreed. He indicated the photos were from the same
vantage point of the second floor. He stated if it was all cleaned up forty-eight hours in
advance, he would agree to dismiss the case and not charge any fees.
Board Member Fagan agreed. He stated it was very difficult to see back there.
Code Enforcement Officer Guzman agreed.
Board Member Fagan indicated he looked through the fence approximately a week and a
half ago indicating he saw a lot of stuff back there. He stated the front of the property
looked real good.
Code Enforcement Officer Guzman indicated the front yard was kept very well. She stated
the back did not match the front. She indicated she spoke with the nephew of the owner,
sent out notices to no avail. She stated he decided to clean everything up after receiving the
Notice of Hearing.
MOVED BY CODE ENFORCEMENT MANAGER CHIPMAN,
SECONDED BY BOARD MEMBER FAGAN TO DISMISS THE
Agenda Item No
Page of
PAGE 3 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 18, 2007
NUISANCE CASE AND ALL FEES REGARDING 246 EAST
HEALD, APN 373-041-004-6, and LAKE ELSINORE, CA.
3. 16693 Joy Street. APN 379-192-006. Lake Elsinore. CA
Chairwoman Watts requested a synopsis from Code Enforcement Officer Slater.
Code Enforcement Officer Slater indicated this property was owned by Roger Schietzelt.
He stated it was a single family residence located on Joy behind the Bikini Beach dub and
Vista Donut. He commented for the record this property owner Roger Schietzelt also had
another home we would discuss later at 411 North Main Street. He stated during a door to
door, lot to lot sweep of Joy Street he inspected this single family residence with the front
setback all dirt, several inoperable vehicles or vehicles that appeared to be inoperable parked
on the front yard, six total, a camper and a car trailer. He indicated in the backyard there
were two pick up trucks not screened from public view, overgrown vegetation which hangs
over the street four or five feet, should be twelve and nine. He stated the side yard has a tree
which is broken and fallen down onto the vacant lot next door. He commented on the
fence being dilapidated in some spots with dead vegetation along the property line. He
indicated the rear setback contained sheets of metal, lumber, board and plywood. He stated
a car charger and a car battery was on the porch. He indicated the home had been painted
recently with two mix match colors but the rear of the home was never completed. He
stated he first wrote the property a Notice of Violation on July 6,2007. He commented he
had not received any notice or calls from the property owner. He stated there was no
response so we mailed a Warning Notice on August 13, 2007. He indicated a citation had
been issued for all the violations noted. He stated the citation was in a case of suspense
pending the cooperation of the property owner. He commented on the other property he
owned in a nuisance case here today and his reaction to that case. He indicated there was no
reaction, no cooperation on this case either so he recommended it for a public nuisance
hearing. He requested the Board find this property a nuisance so we may continue with the
abatement action.
Code Enforcement Manager Chipman indicated he spoke with the property owner two days
ago. He inquired of Officer Slater during the time frame from the time you wrote the
original Notice of Violation did he have contact with the owner regarding if he received
these notices.
Code Enforcement Officer Slater indicated no. He stated he had not received any calls from
Roger Schietzelt or written correspondence. He stated Mr. Schietzelt frequently called our
receptionist Joyce Teyler regarding his other property 411 North Main Street. He indicated
she had been instructed to forward his calls directly to him or Robin and when she tried to
do so Roger was uncooperative. He commented on Roger Schietzelt had not left any
contact numbers or forwarding addresses. He stated like most "slum lords" in the Gtythey
have all mail go to the rental units therefore no one was there to sign for them legally and
the mail comes back He stated yesterday, September 17, 2007 he received a handwritten
letter faxed which appeared to be from Roger Schietzelt wherein he stated he just received
the notices for the hearing on September 14, 2007 and was unable to make it to the hearing
Agenda Item No
Page of
PAGE 4 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 18,2007
due to work conflicts. He stated the letter indicated he wanted to be here in order to find a
resolution and had requested an extension. He commented that would lie in their scope of
authority.
Code Enforcement Manager Chipman indicated in his conversation with Mr. Schietzelt two
days ago, he was the one that suggested if he could not be here that he send the letter. He
indicated to him the Board would have to make a decision whether or not to continue this
particular case. He stated what troubled him was he stated that this particular Tuesday he
could not make the hearing and indicated he could not make the next month on Tuesday
due to a conflict with this work
Board Member Fagan stated on this property the first notice went out last July but on the
other property, 411 Main Street, it went out a year ago. He indicated he had been playing
tennis with Code Enforcement on one thing or another.
Code Enforcement Officer Slater indicated on one voicemail he was going to play for the
Board he left a very arrogant message, unfortunately his voicemail timed it out and it erased.
He stated it said "Hello, this is Roger Schietzelt, I am not going to leave you my number, I
am not going to leave you my address, as you see the property is still the way it is, I got your
letters and the house is still peach and still blue" and that was it. He indicated he does not
leave any forwarding information. He stated he once had an appointment to meet with him,
he appeared very eager and compliant, wanted to work things out, but never showed up. He
indicated the next day he tried to call him and the phone number was disconnected.
Chairwoman Watts indicated we would do him a favor, play tennis and declare the property
a nUlSance.
Board Member Fagan indicated when he first read the letter he thought it would be fine but
now that it tied into the other case he does not believe we should give him any more rope.
Code Enforcement Manager Chipman asked if there was anyone present who was
representing this property. He stated he left a message earlier today wherein he stated he
was going to try to have someone here to represent him but apparently he was unable to do
that. He indicated he could only go on the short conversation he had with him but he did
not seem particularly cooperative when it came to settling the problems on these properties.
He stated he did not agree with the 411 Main Street determination and our zoning codes
regarding those properties.
Board Member Fagan stated tell him he was overruled.
MOVED BY CHAIRWOMAN WATTS, SECONDED BY CODE
ENFORCEMENT MANAGER CHIPMAN AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE 16693
JOY STREET, APN 379-192-006, LAKE ELSINORE, CA A PUBLIC
NUISANCE.
Agenda Item No
Page of
PAGE 5 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 18, 2007
4. 411 North Main. APN 374-063-0U. Lake Elsinore. CA
Code Enforcement Manager Chipman requested we address 411 Main Street since we were
dealing with Mr. Schietzelt.
Code Enforcement Officer Slater indicated it was the next case on the Agenda.
Board Member Fagan indicated he had gone by the property and it was very difficult see
without getting out of the vehicle and was very reluctant to get out and roam around.
Code Enforcement Officer Slater indicated he had a video.
Board Member Fagan stated the property looked the same as the photographs indicated. He
commented on the outstanding colors. He indicated he was unaware of the color
requirement for the Downtown District.
Code Enforcement Manager Chipman indicated the Downtown Historic Overlay has a
specific color scheme, roofing types, colors, fences all of those items have to comply with
the Zoning Code. He stated he did have a conversation with Mr. Schietzelt regarding the
Zoning Code and Mr. Schietzelt disagreed with it but it was an ordinance of the City. He
indicated this case had been open for a year.
Chairwoman Watts inquired as to where Mr. Schietzelt lived.
Code Enforcement Office Specialist Teyler indicated San Fernando.
Code Enforcement Officer Slater stated he owned several properties as Joyce stated one of
the most reliable ones was the San Fernando address. He indicated he had run the vehicle
license plate number and the DMV record and all his mail was going to San Fernando.
Chairwoman Watts stated he was not even in the City.
Code Enforcement Officer Slater agreed.
MOVED BY CHAIRWOMAN WATTS, SECONDED BY BOARD
MEMBER FAGAN AND CARRIED BY UNANIMOUS VOTE OF
THOSE PRESENT TO DECLARE 411 MAIN STREET, APN 374-
063-0U, LAKE ELSINORE, CAA PUBLIC NUISANCE.
5. Vacant lot on Riverside Drive. APN 375-031-070. Lake Elsinore. CA
Chairwoman Watts requested a synopsis from Code Enforcement Officer Slater.
-
Code Enforcement Officer Slater indicated this was a vacant lot on Illinois near Richard
Street. He stated this was an undeveloped lot. He indicated the property owner had fenced
the lot in with makeshift chain link fence and some shabby looking bamboo. He
Agenda Item No
Page of
PAGE 6 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 18, 2007
commented on the City standards wherein fencing was not allowed on vacant lots. He
stated there was a lot of junk and debris, wood, material, buckets and it looked very shabby
and unsightly. He indicated the neighboring house was going into foreclosure and was
trying to do everything he could to sell his property. He stated this lot was not helping any.
Board Member Fagan commented on the lot being very narrow.
O>de Enforcement Officer Slater agreed. He stated it looked approximately 25 feet. He
indicated he first issued the Notice of Violation on June 22, 2007 and had received no
correspondence from the person he knows to be the property owner. He indicated no one
had identified themselves as the property owner. He stated we mailed the Warning Notices
and a citation and still no contact received from a credible owner. He indicated he issued a
criminal citation to the neighbor's property owner a few months ago for activities which had
gone on at his property. He stated he met with that property owner and his attorney and
assured them that this property would be placed in this month's nuisance hearing for the
Board to make a decision.
Board Member Fagan asked about the illegal activities going on the adjacent property.
O>de Enforcement Officer Slater indicated it was just more nuisance activities such as car
sales, parking vehicles on the yard, things of that nature. He stated the property owner was
working with the renters and his attorney to bring his properties he had into compliance.
Chairwoman Watts indicated it looked like when he received the last notice he went to the
post office and just refused it.
O>de Enforcement Manager Chipman stated he had seen that as well. He indicated that one
of the things he looks for in regard to these cases was to have the owner of the property
have the opportunity to clean up the property or be aware there are proceedings against it.
He indicated in this case it looked like he refused the letter so he just does not want to deal
with it.
Chairwoman Watts stated he had to have gone to the post office to pick it up and saw it was
from the City of Lake Elsinore.
Code Enforcement Officer Slater stated he saw it was stamped refused on the envelope.
O>de Enforcement Manager Chipman agreed.
O>de Enforcement Officer Slater stated it would be his goal if the property was declared a
nuisance that within ten days he would obtain a warrant and rip out all the fencing and leave
a clean flat lot.
MOVED BY CHAIRWOMAN WATTS, SECONDED BY BOARD
MEMBER FAGAN AND CARRIED BY UNANIMOUS VOTE OF
Agenda Item No
Page of
PAGE 7 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 18,2007
THOSE PRESENT TO DECLARE THE VACANT LOT, APN 375-
031-070, LAKE ELSINORE, CA A PUBLIC NUISANCE.
6. 1111 W. Pottery. APN 374-025-014. Lake Elsinore. CA
Chairwoman Watts asked Officer Slater to present this case.
Code Enforcement Officer Slater stated this was a single family residence occupied by
renters. He indicated the person he knew to be living there was Paul Champagne. He stated
he had a brother and a son or two sons who lived there with him. He indicated one of the
sons is partially handicapped. He asked if Board Member Fagan and Chairwoman Watts
recalled this property had been brought before the Nuisance Board before. He indicated it
was declared a nuisance approximately one year and a half ago.
Chairwoman Watts recalled.
Code Enforcement Officer Slater indicated they had given the occupants the time to
abatement all nuisances. He stated they raised their right hand and promised to do
everything they were told to do. He indicated they had plenty of time. He commented on
the NET Project that had gone through that area and it was still not complete. He
commented on at approximately the one year mark Code Enforcement Officer Slater
recognized a guest and asked them to have a seat. He introduced the guest as Mr. Paul
Champagne. He asked Mr. Champagne to sign in.
Code Enforcement Manager Chipman asked if this was Mr. Champagne.
Code Enforcement Officer Slater concurred.
Code Enforcement Manager Chipman asked if we would wait for a moment for him to get
settled so we can discuss the case with him.
Code Enforcement Officer Slater indicated for the record that one of the occupants, Paul
Champagne, of 1111 West Pottery arrived and we were waiting for him to sign in.
Board Member Fagan indicated Mr. Paul Champagne arrived regarding 1111 West Pottery
Street.
Code Enforcement Manager Chipman asked Mr. Champagne to step up to the podium. He
asked Officer Slater to back track and give a brief synopsis of what has happened so far.
Code Enforcement Officer Slater welcomed Mr. Champagne and stated he was glad he
could make it. He stated we were talking about a single family residence owned by an
absentee owner, occupied by renters, Mr. Champagne, his sons and brother. He indicated
the property was declared a nuisance once before approximately one year and a half ago. He
stated they gave the occupants and owner approximately one year to clean the property and
get into compliance. He indicated he made periodic contact during that time letting them
Agenda Item No
Page of
PAGE 8 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 18, 2007
know we were still here, still watching and did a NET Project in that area since that time and
as we approached the one year mark he noticed there had been no valiant effort had been
made to improve the property consistent with the other changes in the neighborhood. He
indicated at one point he observed Mr. Champagne working on vehicles in the driveway at
which time he made contact. He stated he explained the property was once declared a
nuisance and the property was still in the same condition therefore he would issue him
another Notice of Violation based on the previous violations and the ones he had saw that
day. He indicated he explained everything to him in great detail and on the Notice of
Violation he wrote "The property had been declared a nuisance by the Nuisance Abatement
Board you have thirty days to bring the property up to code or the nuisance will be abated
by us". He indicated he asked Mr. Champagne to sign the Notice of Violation on the top
where it states owner or occupant name. He stated it was for inoperable vehicle, trash and
debris in public view, furniture and appliances, lack of landscaping and overgrown
vegetation. He indicated he went by the property at approximately 3:30 this afternoon for a
final inspection before the hearing and none of the changes were noted. He stated
everything was consistently the same as previously. He explained the garage has been
converted into a bedroom and still occupied with an air conditioner mounted in there. He
stated Mr. Champagne stated that was his room and it had been there approximately twenty
years. He explained Mr. Champagne did voice his concern about things going on in his
family's life right now and he had said he wanted the time to handle this and insisted he
could do it. He indicated the year and a half that had gone by was more than enough time
therefore he requested this property be declared a nuisance with or without an extension and
we abate the problems ourselves.
Code Enforcement Manager Chipman asked if Mr. Champagne would like to make a
statement.
Mr. Champagne explained his brother was crippled and had difficulties with his neck. He
stated he had hauled a lot of the stuff off. He indicated he planted grass but he guessed he
just does not have a green thumb regarding the agreement. He stated he would at least like
thirty days so he could get some legal advice. He indicated his brother had not been telling
him everything. He stated his brother was crippled and he did not want his little brother to
be put out.
Board Member Fagan asked when did his brother become crippled.
Mr. Champagne stated at birth.
Chairwoman Watts asked who was the property owner.
Mr. Champagne explained Richard pays the taxes by a guy named Mr. Carr and it was Guy.
Code Enforcement Manager Chipman asked if it was Guy Swenson.
-
Mr. Champagne stated it was Guy Swenson and he did not understand how. He indicated
he talked to Richard. He stated he had tried because he did not want to see him get hurt.
Agenda Item No
Page of
PAGE 9 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 18, 2007
He stated if he could go in here and get more time and straighten it out. He asked for a little
bit more leniency.
Board Member Fagan indicated it was not his problem; it was his brother's problem
Mr. Champagne indicated he knew that but it was hard for him to communicate with him.
Board Member Fagan stated he had well over a year.
Mr. Champagne stated he knew.
Board Member Fagan indicated it did not look like there had been much of an improvement
when he had gone by approximately a week ago.
Code Enforcement Officer Slater addressed the Board stating all the mail had been going to
the registered owner of the property, Guy Swenson. He indicated according to Mr.
Champagne today he was not aware of any notices or any actions regarding this hearing.
Mr. Champagne stated he had not.
Board Member Fagan asked who owned the property.
Code Enforcement Officer Slater stated an absentee owner named Guy Swenson. He
indicated he owned a few other properties throughout the community and just like Mr.
Schiezelt owned the property and the mail goes to another unit where he cannot sign for it
or a P.O. Box.
Code Enforcement Manager Chipman asked Mr. Champagne if Guy Swenson was the
owner of the property would it be to his best interest for the Board to declare it a nuisance
and actually clean it up for him since this was not going to affect him monetarily. He stated
it would affect the owner of the property. He stated it seemed to him Mr. Champagne had
enough financial burden.
Mr. Champagne indicated he knew Guy but he did not pay the taXes on the house a guy by
the name of John Carr was suppose to pay the taxes.
Code Enforcement Manager Chipman indicated it did not sound like Mr. Champagne was
financially capable of taking care of the property and it was not his responsibility to do these
items. He stated if they declared it a nuisance the owner will have to do it.
Mr. Champagne indicated he did not have that responsibility but he had a responsibility to
his brother.
Board Member Fagan indicated that this would not affect his brother either.
Agenda Item No
Page of
PAGE 10 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 18, 2007
Mr. Champagne stated if he could just get a little bit more time he could get this straightened
out and talk to his brother.
Board Member Fagan indicated this would not affect his brother either in fact he would be
doing his brother a favor.
Chairwoman Watts indicated it would be best to declare it a nuisance.
Mr. Champagne indicated should he go ahead and kick his brother out of the house.
Chairwoman Watts stated he would not kick his brother out of the house, they were not
kicking anyone out of the house they would just be cleaning up the property which was the
owner's problem.
Mr. Champagne stated he would try to get everything done but he could not in thirty days.
Chairwoman Watts indicated the best way would be to declare it a nuisance and then it
would be up to the owner to clean it up, not Mr. Champagne. She stated if the owner did
not want to clean it up then the City would clean it up and put the fee on the tax bill and
would not affect Mr. Champagne at all.
Code Enforcement Manager Chipman stated he had one more question for Mr. Champagne.
He asked if all the vehicles on the property were his.
Mr. Champagne stated he had a truck there that he was going to be moving it off and a little
station wagon. He indicated he might have just skipped on it stating he had just got home
and had not had time to go in.
Code Enforcement :rv.ranager Chipman indicated if the Board declared it a nuisance he would
have approximately fifteen days before the warrant was issued and they would come to clean
it up so if those were his vehicles he recommended he move them right away.
Mr. Champagne concurred.
Code Enforcement Manager Chipman indicated the rest of the property was the
responsibility of the owner. He stated it was actually the owner's responsibility to maintain
his property.
Mr. Champagne indicated he did not understand how Guy handled it. He indicated he was
just trying to help his brother out and he did not want to see him sick
Code Enforcement Officer Slater indicated there were only two vehicles remaining on the
property, a red Chevy pick up on an adjacent lot which was inoperable and a station wagon
parked on the dirt front yard which was inoperable. He stated a few months back he
removed five vehicles with vehicle abatement. He indicated he issued him an $800.00
citation on the spot hoping that would motivate him.
Agenda Item No
Page of
PAGE 11 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 18, 2007
Q)de Enforcement Manager O1ipman asked Board Member Fagan regarding a Motion he
made.
MOVED BY BOARD MEMBER FAGAN, SECONDED BY
CHAIRWOMAN WATTS AND CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT TO DECLARE 1111 WEST POTTERY
STREET, APN 374-025-014, LAKE ELSINORE, CA A PUBLIC
NUISANCE.
7. 30223 Morton Avenue. APN 375-313-036. Lake Elsinore. CA
Q)de Enforcement Officer Slater indicated this property was a single family residence
purchased by Mr. Hugo Sandoval and his family. He stated Mr. Sandoval purchased the
property" As Is." He explained it had been improved upon and on the weekends he would
trailer up as much trash and debris as he could, a masonry by trade. He stated he was
involved in an accident wherein he broke his back and was out of work. He explained his
wife, pre-teen and teen children took care of him. He stated using community volunteers
and the help of CR&R to donate two forty yard dumpsters, two weekends in a row they had
gone there for approximately ten hours trying to clean up the property. He stated another
community member saw them working and came with a tractor. He explained this was what
was left. He indicated they removed inoperable vehicles, boats, trailers, trailer with a cement
mixer, and an old dilapidated building. He stated at that time Mr. Sandoval expressed to him
that because of his medical disability he fell behind two payments on his mortgage and he
could see now the home is vacant. He indicated he had inspected the property with the
Building Inspectors due to the home being in structure abatement but that would not take
care of the surrounding matters, open septic, trash and debris, rubble, dilapidated fences, the
walls, the illegal construction in the back, propane tanks, rocks, trash cans, and etcetera. He
requested the Board declare the property a nuisance.
Board Member Fagan asked if Hugo Sandoval still owned the property.
Q)de Enforcement Officer Slater indicated according to the tax records he was currently the
owner but did not occupy the house. He stated it had been vacant for approximately a
month. He indicated there was a lot of activity with realtors. He stated he spoke to a realtor
yesterday and the home was on the market for $70,000 but the home itself was in structure
abatement and uninhabitable.
Board Member Fagan inquired as to when was his accident.
Q)de Enforcement Officer Slater stated he did not recall. He believed it was within the last
twelve to sixteen months.
Board Member Fagan indicated there was not much improvement the last time he saw the
property between the pictures and what it looked like now. He inquired if he had gone by
there today.
Agenda Item No
Page of
PAGE 12 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 18,2007
Code Enforcement Officer Slater stated he had gone by there today and there was absolutely
no change in the property. He indicated it looked the same as in May when he helped them.
He explained how he had little kids and they would help grab all the rubble and put it in nice
neat stacks to try to improve the appearance but there was not a whole lot the children could
do. He stated he thought the property got the best of him.
Chairwoman Watts indicated he probably lost the property since he was behind.
Code Enforcement Officer Slater indicated he was behind two to three months.
Board Member Fagan asked if we knew if he did.
Code Enforcement Manager Chipman stated we did not and sometimes it took months for
us to actually find out the bank had repossessed.
Board Member Fagan indicated we would be improving the property if we declared it a
nUISance.
Code Enforcement Manager Chipman indicated it was in structure abatement so there was
an administrative proceeding against the property so it will not clear Title so we do not have
to worry about it being sold to someone else. He stated Code Enforcement Officer Slater
was correct that the structure abatement will not affect the outside appearance only the
structure. He explained the nuisance case would have to deal with all the trash and debris
scattered around the property. He indicated he was by there today and it looks just like the
pictures it had not changed.
Code Enforcement Officer Slater stated he was concerned about the septic.
MOVED BY CHAIRWOMAN WATTS, SECONDED BY CODE
ENFORCEMENT MANAGER CHIPMAN AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE 30223
MORTON AVENUE, APN 375-313-036, LAKE ELSINORE, CA A
PUBLIC NUISANCE.
Chairwoman Watts asked a guest about the case he wanted to discuss.
Tim Fleming addressed the Board. He stated that was the right decision and that was a long
story regarding that property. He indicated he wanted to publicly commend Shawn Slater
and his sincere effort to help that family when they were in need. He explained it got to the
point where they were taking them to HOPE and helping the family. He stated there were
nine children involved. He explained it was one of the sub-prime real estate deals that went
from $300,000 house now selling it for $70,000. He indicated Robin had answered his
question regarding the Oty's paperwork if anyone goes to try and buy it for $70,000 that
they will know this house was in abatement and the house needs to go away. He stated he
appreciated it.
Agenda Item No
Page of
PAGE 13 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 18, 2007
8. 31078 Wisconsin. APN 379-212-003. Lake Elsinore. CA
CDde Enforcement Officer Slater indicated this too was a single family resident in an area
wherein he did a sweep. He stated the home appeared to be lUloccupied with construction
going on to the home such as window change out at that time. He commented the front
yard was littered with furniture, appliances, trash, debris, weeds 12" to 13" tall, broken tree
limbs, and cinderblocks. He indicated he went by the property today and the property
appeared nicer than it was however the construction work continued. He stated they did
cover the windows up completely, re-stuccoed with no active building permits or building
inspections on that property. He indicated there was still a lot of dead vegetation, dead
landscaping, cement cinderblock were still in front of the house along the fence so
considering what remained and no contact from the property owner he requested the Board
consider this property a nuisance.
Board Member Fagan indicated when he went by the property it looked like the front porch
was jammed full of furniture and junk.
CDde Enforcement Office Slater stated he did not remember seeing that.
CDde Enforcement Manager Chipman asked if we had had any contact with the property
owner.
CDde Enforcement Officer Slater indicated he had not received any contact from anyone
regarding this property.
CDde Enforcement Manager Chipman indicated the property looked abandoned. He stated
it did not look like it was getting any better.
CDde Enforcement Office Slater stated they cleaned things up a little so he believed they
may have received a notice or citation not sure due to all the paperwork had not come back
from the post office yet.
Board Member Fagan asked if this case had been going on since May.
CDde Enforcement Office Slater concurred.
Chairwoman Watts noted the notices were not delivered.
CDde Enforcement Manager Chipman agreed return to sender, lUlable to forward. He stated
this may be another property wherein the property went back to bank or the lending
institutions and they just sit. He indicated it was hard for us to identify the legal owners at
that time. He stated there was a three month period from the time it happens to the time we
find out someone inherited the property.
Board Member Fagan indicated in that case it would be to the best of our interest to declare
the property a nuisance.
Agenda Item No
Page of
PAGE 14 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 18,2007
Code Enforcement Manager Chipman agreed. He indicated we needed to take action
regardless of the owners specifically if the bank had taken them back
Board Member Fagan indicated they would be the ones who paid the taxes.
Code Enforcement Manager Chipman concurred. He indicated these properties would
typically get sold as foreclosures "As Is" type properties so the potential owners would
inherit all the bills and everything that goes with it such as back taxes.
MOVED BY CHAIRWOMAN WATTS, SECONDED BY BOARD
MEMBER FAGAN AND CARRIED BY UNANIMOUS VOTE OF
THOSE PRESENT TO DECLARE 31078 WISCONSIN, APN 379-
212-003, LAKE ELSINORE, CAA PUBLIC NUISANCE.
9. Code Enforcement Comments:
Code Enforcement Officer Slater commented on the open application for a Code
Enforcement Supervisor.
10. Nuisance Abatement Board Comments:
Chairwoman Watts inquired about the Military Academy. Code Enforcement
Officer Slater indicated there was a new security guard who was keeping the property
clean.
Board Member Fagan congratulated Officer Slater on the compliment he received.
Code Enforcement Manager Chipman commented on the video Officer Slater
presented before the hearing and how he would like to see more of the same thing in
the future.
ADJOURNMENT
MOVED BY CHAIRWOMAN WATTS TO ADJOURN THE
NUSIANCE ABATEMENT HEARING AT 5:23 P.M.
~ cYtu11.i cJ {Jiv ~
Chairwoman, Loraine Watts
Agenda Item No
Page of
PAGE 15 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 18, 2007
Respectfully Submitted,
fh:~7n.~
i.. Joyce M Teyler
. Office Specialist I
ATTEST:
~'k~
Robin Chipman, Secretary to t e Board
Agenda Item No
Page of
:~**:~:~*:~*:~:~:~*:~:~*:~*:~**:~:~:~:~*:~:~:~*:~:~*:~:~:~:~*:~:~:~*:~:~*:~*:~*:~*:~:~:~:~:~:~**:~:~*:~:~:~*:~
MINUTES
NUISANCE ABATEMENT HEARING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, OCTOBER 16, 2007
CALL TO ORDER
The regular Nuisance Abatement Hearing was called to order by Robin Chipman, Code
Enforcement Manager at 4:32 PM
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Jack Fagan.
ROLL CALL
PRESENT: BOARD MEMBER:
FAGAN
PRESENT: CHAIR WOMAN:
WATTS
PRESENT: CODE ENFORCEMENT MANAGER:
CHIPMAN
Also present were: Code Enforcement Officer Guzman, and Office Specialist Teyler.
PUBLIC COMMENTS
None.
CONSENT CALENDAR
1. The following Minutes were approved:
A. Minutes for August 21, 2007
MOVED BY CODE ENFORCEMENT MANAGER CHIPMAN,
SECONDED BY CHAIRWOMAN WATTS, 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 - OCTOBER 16, 2007
PUBLIC HEARINGS
Chairwoman Watts opened the Public Hearing at 4:33 p.m.
2. 623 Le Harve. APN 379-402-026. Lake Elsinore. CA
Chairwoman Watts asked Code Enforcement Officer Guzman if she was stepping in for
Code Enforcement Officer Lopez.
Code Enforcement Officer Guzman concurred. She stated Code Enforcement Officer
Lopez was in a meeting in Riverside. She indicated he had appointed her to speak on his
behalf. She stated the property owner was Bonnie L. Jiracek and the property was
currently in foreclosure. She indicated there was a large amount of junk, trash and debris
left behind. She said at one point there were inoperable vehicles which were abandoned
there which Code Enforcement Officer Lopez abated. She indicated there was a green
swimming pool with stagnant water. She believed, by Code Enforcement Officer Lopez'
notes, it was being treated by Vector Control for mosquito breeding. She stated Code
Enforcement Officer Lopez' recommendations were the home be boarded up so there
would be no squatters or any transients going into the house, to have the pool drained and
to have the junk, trash and debris cleared away.
Chairwoman Watts stated she was there a couple of hours ago and the front was cleared
up. She stated there were no vehicles or anything. She indicated the garage doors were
closed. She said she did not see the backyard so she did not know what was there.
Code Enforcement Officer Guzman indicated she was looking at the photos submitted by
Code Enforcement Officer Lopez and it looked to her that most of the junk, trash and
debris was found in the back. She indicated Code Enforcement Officer Lopez had
already abated the vehicles. She stated another problem was windows had been broken
and people had broken into the home so it needed to be boarded up. She commented on
the green pool and how the neighbors are complaining. She indicated she does not know
how Vector Control works. She asked if the pool gets one treatment.
Code Enforcement Manager Chipman indicated it only lasted for so many weeks. He
stated they had to come back every two to three weeks and treat it again.
Code Enforcement Officer Guzman commented on the best thing to do was to go to the
property drain the pool to alleviate the stagnant water and then we would no longer need
Vector Control to go out there every three to four weeks.
Board Member Fagan asked Code Enforcement Officer Guzman if she had seen the
backyard.
Code Enforcement Officer Guzman indicated she had not been to the property.
Agenda Item No
Page of
PAGE 3 - NUISANCE ABATEMENT MINUTES - OCTOBER 16, 2007
Board Member Fagan indicated he went by the front and it appeared the front had been
worked on. He stated last Friday the garage had been broken into.
Code Enforcement Officer Guzman stated she had not been out there. She stated Code
Enforcement Officer Lopez had asked her to stand in for him. She indicated she did not
think about going out to the property to inspect so as to have a better synopsis for her
presentation.
Board Member Fagan said the property looked like it had been boarded up. He indicated it
looked like no one was living in it or whoever was living in it did not want anyone else to
know they were there.
Chairwoman Watts suggested since she had not seen the back and if the pool still had water
in it and there was still junk in the backyard they should declare the property a nuisance and
if it had been taken care of there would be no problem.
Code Enforcement Officer Guzman concurred.
Chairwoman Watts stated if it had not been taken care of then it was a nuisance and then
they would do whatever they had to do.
Code Enforcement Manager Chipman asked if Code Enforcement Officer Lopez was
working with a company that took control of the property due to the foreclosure.
Code Enforcement Officer Guzman stated the house had been ordered vacated because
there was no water service to the property. She said she read in the notes he had spoken to a
realtor regarding the property. She stated she could not find it in the notes at that time.
Code Enforcement Manager Chipman inquired if there was a contact person that would be
willing to do what we were asking instead of having to declare the property a nuisance.
Code Enforcement Officer Guzman indicated she read in the notes his only contact was
August 1,2007 wherein he spoke with the mortgage company and was advised at that time
the house was in foreclosure. She stated he at that time abated the vehicles from the
driveway. She commented the notes did not indicate he spoke with anyone there.
Code Enforcement Manager Chipman agreed with the other board members the house
should be declared a nuisance, assess the backyard and, if necessary get a warrant and go
ahead and do it.
Chairwoman Watts indicated as of August 24, 2007 at 5:00 p.m. the structure had been
ordered vacated due to no water, sanitary facilities or hot water.
Code Enforcement Manager Chipman said the property had a history with the Sheriff's. He
stated they were called out there numerous times.
Agenda Item No
Page of
PAGE 4 - NUISANCE ABATEMENT MINUTES - OCTOBER 16, 2007
Chairwoman Watts indicated this had been ongoing for quite sometime.
CDde Enforcement Manager Chipman agreed. He stated that was why he was wondering if
the lien company or somebody had taken over so as to have someone we could actually
speak to and work with on this property. He indicated CDde Enforcement Officer Lopez
would have done that had he had the opportunity.
MOVED BY CHAIRWOMAN WATTS, SECONDED BY BOARD
MEMBER FAGAN, AND CARRIED BY UNANIMOUS VOTE OF
THOSE PRESENT TO DECLARE 623 LE HARVE WAY, APN 379-
402-026, LAKE ELSINORE, CA A PUBLIC NUISANCE.
3. Code Enforcement Comments:
None.
4. Nuisance Abatement Board Comments:
Board Member Fagan commented on the arrow should point to the right location on
the locational maps.
CDde Enforcement Manager Chipman stated he had asked the CDde Enforcement
Division to provide an update on the nuisance cases for the last several months at
the next hearing.
ADJOURNMENT
MOVED BY CHAIRWOMAN WATTS TO ADJOURN THE
NUSIANCE ABATEMENT HEARING AT 4:42 P.M.
x~; &VL
Chairwoman, Loraine Watts
Respectfully Submitted,
/'-
Joyce M Teyler
Office Specialist I
Agenda Item No
Page of
PAGE 5 - NUISANCE ABATEMENT MINUTES - OCTOBER 16, 2007
ATfEST:
~
~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, NOVEMBER 20, 2007
*;~;.*:.*;.:.*;.*:.*:.*;.:.*;.;.:.*;.*:.;.;.:.*:.*:.:.*:.*:.***:.*:.:.*:.*:.*:.*:.*:.:.:.:.**:.:.:.**:.:.
CALL TO ORDER
The regular Nuisance Abatement Hearing was called to order by Robin Chipman, Code
Enforcement Manager at 4:33 PM
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Code Enforcement Officer Fred Lopez.
ROLL CALL
PRESENT: BOARD MEMBER:
PRESENT: CHAIR WOMAN:
FAGAN
WATTS
PRESENT: CODE ENFORCEMENT MANAGER:
CHIPMAN
Also present were: Code Enforcement Officer Lopez and Office Specialist Teyler.
PUBLIC COMMENTS
None.
CONSENT CALENDAR
1. The following Minutes were approved:
A. Minutes for September 18, 2007
MOVED BY CHAIRWOMAN WATTS, SECONDED BY CODE
ENFORCEMENT MANAGER CHIPMAN, AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE
CONSENT CALENDAR AFTER CORRECTIONS.
Agenda Item No
Page of
PAGE 2 - NUISANCE ABATEMENT MINUTES - NOVEMBER 20, 2007
PUBLIC HEARINGS
ChaiIwoman Watts opened the Public Hearing at 4:33 p.m.
2. Vacant lot Pinnell. APN 378-055-057. Lake Elsinore. CA
ChaiIwoman Watts addressed this case.
Code Enforcement Officer Lopez indicated the property was a vacant lot located off Pinnell.
He stated this particular property was brought to his attention via citizen's complaints
regarding large amounts of beehives on the vacant lots. He indicated upon his initial
investigation he observed approximately sixty plus beehives. He stated the bees were
maintained including a water supply. He commented on the fact there were no identification
on the beehives to let him know who they belonged to so the only option was to go through
the property owner. He stated the property owner had no knowledge of the bees being on
his property, they were there illegally. He said according to the Municipal Code bees on a
property are legal if there are no more than two beehives, and they have to be registered with
the Riverside County of Agriculture. He stated the beehives did not meet these
requirements. He said you could have an excessive amount of beehives on a property if you
obtained a conditional use permit. He stated the property owner was not aware of anyone
putting these bees on his property. He indicated he was working with the property owner to
find out who owned the bees. He stated the property owner posted "No Trespassing" signs
on his property and apparently the person who claimed responsibility for the bees saw the
signs and contacted Officer Lopez. He said it was a lady by the name of Tammy Langford
who lived here in Lake Elsinore. He stated she worked for a company who transported bees
throughout the state. He indicated these bees were suppose to be put on a neighboring
parcel but were dropped off in the middle of the night and were dropped off approximately
150 to 200 yards off. He said Tammy was up north at this time securing another site for the
bees so they should be gone by the end of the month. He indicated he had recommended to
her to be there to represent herself and her company but she was up north securing an
additional site for the bees.
ChaiIwoman Watts asked if the bees were move next door.
Code Enforcement Officer Lopez indicated the bees were never moved.
ChaiIwoman Watts asked since they were dropped off at wrong property would they now go
to the right property.
Code Enforcement Officer Lopez stated they would not. He indicated Tammy would be
securing a spot up north. He said she would not be able to keep the bees on any property in
Lake Elsinore without a Conditional Use Permit which was explained to her. He stated the
only thing she could do without the Conditional Use Permit would be two hives and with
the amount of business they do two hives would not be worth the time. He stated they dealt
in bulk.
Agenda Item No
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PAGE 3 - NUISANCE ABATEMENT MINUTES - NOVEMBER 20, 2007
Code Enforcement Manager Chipman asked what kind of guarantee would there be that she
would remove the bees if they did not declare it a nuisance.
Code Enforcement Officer Lopez stated he took her at her word. He indicated he only
spoke to her over the phone. He said in his opinion the bees were well cared for. He
indicated this was not just a hobby but a well cared for business. He stated he explained the
process to her, if they declare the property a nuisance and she failed to have the bees
removed in a timely fashion that we would have no choice but to abatement them ourselves.
He said he informed her that if that was the case he would obtain a warrant to have the bees
removed and ultimately destroyed. He indicated telling her that comment had gotten her
motivated.
Code Enforcement Manager Chipman stated since she was not the property owner and you
are going after this Tammy, who was going to be assessed the charges.
Code Enforcement Officer Lopez indicated he had no choice but to go after the property
owner because in the beginning he was the only individual of record. He asked to hold off
on the property owner due to the fact he had no idea this had taken place on his property.
Code Enforcement Manager Chipman indicated once the property owner found out about
the bees; he was responsible for his property.
Code Enforcement Officer Lopez stated he explained that to the property owner.
Code Enforcement Manager Chipman indicated Officer Lopez should not be responsible to
track down Tammy and her company.
Code Enforcement Officer Lopez indicated there was no way to figure out who or where
who these bees came from. He stated they were just white boxes with no markings. He said
he had gone there quite a few times to try to find information. He stated he had done all he
could but was limited on the investigation until Tammy gave him a call and claimed
responsibility. He commented on holding her responsible for the administrative fees
because she owned the bees.
Board Member Fagan asked if she was aware the property owner could get back to her for
any penalties the property owner had to pay.
Code Enforcement Officer Lopez indicated he had not explained that to her but felt a
reasonable person would understand that if you put something on someone's property
illegally you would be responsible.
Chairwoman Watts asked when Code Enforcement Officer Lopez would be in contact with
Tammy again.
-
Code Enforcement Officer Lopez indicated he would contact her after the holiday break
He stated he had a conversation with her last Thursday or Friday at which time she told him
Agenda Item No
Page of
PAGE 4 - NUISANCE ABATEMENT MINUTES - NOVEMBER 20, 2007
she was going up north to secure an additional site. He said she stated the bees would be
gone by the end of the month.
Chairwoman Watts asked if it was this month.
Code Enforcement Officer Lopez indicated yes. He indicated he told her if she had not
moved them by then he would go forward with the warrant.
Board Member Fagan indicated the end of the month was only ten days away.
Code Enforcement Manager Chipman indicated he was not sure she was going to move
them. He stated he felt the property owner was the person they should be dealing with
because he was the responsible party.
Board Member Fagan asked if the property owner had known who Tammy was.
Code Enforcement Officer Lopez indicated he did not know.
Office Specialist Teyler stated the property owner had told her the bees were not only on his
property but neighboring properties also. She indicated he had brought a map and showed
her where the bees were located on two additional parcels. She stated he felt he should not
be the responsible party due to the fact we had not gone after the two other parcel owners.
Code Enforcement Officer Lopez stated as far as he could tell from his GPS, they were on
his lot. He indicated he did not know where the property owner received his information.
Code Enforcement Manager Chipman agreed, if the bees were on other parcels they should
have gone after all the property owners. He indicated they should have gone after this as a
nuisance, forced the issue and provided the property owner with Tammy's contact
information.
Code Enforcement Officer Lopez agreed. He stated he told Tammy he was going to declare
the property a nuisance just to protect ourselves.
Code Enforcement Manager Chipman indicated it was necessary since we had not known
who Tammy was and she was not the property owner. He stated she could be gone in the
night and we would not be able to go after her.
Chairwoman WattS indicated if they wait until the end of the month, Tammy could state she
wo.uld be back the following the month. She recommended they declare the property a
nUiSance.
Code Enforcement Officer Lopez agreed. He stated the compliance date would be the first
week of December which basically would have given her the amount of time she needed.
Agenda Item No
Page of
PAGE 5 - NUISANCE ABATEMENT MINUTES - NOVEMBER 20, 2007
MOVED BY CHAIRWOMAN WATTS, SECONDED BY CODE
ENFORCEMENT MANAGER CHIPMAN, AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE
VACANT LOT ON PINNELL, APN 378-055-057, LAKE
ELSINORE, CAAPUBLICNUlSANCE.
3. 3707 Eisenhower Drive. APN 379-314-014. Lake Elsinore. CA
d1airwoman Watts addressed this case.
Code Enforcement Officer Lopez indicated he opened this case August 2007 with a large
amount of junk, trash and debris located in the front setback. He stated there were old
discarded couches and other various items. He indicated the house was a foreclosed
property with a for sale sign in the front. He stated he attempted numerous contacts with
the realtor, leaving messages and never received a return call. He indicated he sent messages
and notices to the last registered property owner, Mr. Alan J. Dubon but received no type of
response. He said the only alternative would be to declare it a public nuisance which would
free the Gty to have the property cleaned up.
d1airwoman Watts asked if the home was in foreclosure.
Code Enforcement Officer Lopez concurred.
Board Member Fagan indicated he could not see this junk, trash and debris from the street.
Code Enforcement Officer Lopez indicated there was an old couch and sofa bed in between
the gate and the garage area which was visible from the street.
Board Member Fagan indicated maybe he was looking at the wrong address.
d1airwoman Watts suggested they declare the property a nuisance due to the number of
foreclosures and who they would responsible.
Code Enforcement :Manager Chipman inquired about Alan J. Dubon as the property owner.
Code Enforcement Officer Lopez indicated he was the listed property owner on the records
we were able to obtain. He stated the records showed foreclosure activity.
Code Enforcement Manager Chipman asked if there was any contact from Mi Casa Financial
Service Group shown on the sign in the photo.
Code Enforcement Officer Lopez stated he had left messages but never received any
response.
Code Enforcement :Manager d1ipman stated this was one of the issues we were running into
with foreclosures that they were in a kind of limbo with no one to hold responsible. Her
Agenda Item No
Page of
PAGE 6 - NUISANCE ABATEMENT MINUTES - NOVEMBER 20,2007
indicated it left them in the position without a choice but to declare it a nuisance and take
care of the problem or it could be that way for months on end.
Board Member Fagan commented about a fire.
Chairwoman Watts stated she heard on the radio Riverside and San Bernardino were
running a race to see who had the most foreclosures.
Code Enforcement Manager Chipman indicated we would have to try to stay up on it.
MOVED BY CODE ENFORCEMENT MANAGER CHIPMAN,
SECONDED BY BOARD MEMBER FAGAN, AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE 3707
EISENHOWER DRIVE, APN 308-282-005, LAKE ELSINORE, CA A
PUBLIC NUISANCE.
4. 45033 Promise Road. APN 347-452-011. Lake Elsinore. CA
Chairwoman Watts addressed this case.
Code Enforcement Officer Lopez indicated he would present this case for Code
Enforcement Officer Burks who was unable to be there. He stated again this was a
foreclosed property and currently vacant. He indicated the main issue with this property was
a built-in pool with green, stagnant, mosquito breeding larvae. He stated they had notified
Vector Control but the problem was the fence was locked and they do not have access to
the rear yard. He commented on the history of this property regarding drug use, growing of
marijuana plants and things of that nature. He stated the house was raided approximately
eight to nine months ago by members of law enforcement. He said the individuals who
resided in the house were arrested and no one had lived there since. He stated the main
issue with this house was the pool and his recommendation would be to declare it a nuisance
so we could go in and abate the pool or so we could allow Vector Control back He stated
his recommendation and that of Officer Burks would be to just have the pool drained.
Code Enforcement Manager Chipman indicated the house was in a fairly new neighborhood.
Code Enforcement Officer Lopez stated it was in Rosetta Canyon, less than two years old.
Code Enforcement Manager Chipman said it was brand new area and the police had raided
the house. He stated he agreed with Officer Lopez in that we had a company who contacted
us that specialized in the drainage of these pools. He indicated he felt we would be in a
better circumstance to have the pool water drained rather than have Vector Control
continually treat the pool for mosquitoes. He stated it was a shame a property like this had
gone into foreclosure and was in this state but it leaves us with no alternative. He
recommended this property go into nuisance and hire someone to drain the pool.
Agenda Item No
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PAGE 7 - NUISANCE ABATEMENT MINUTES - NOVEMBER 20, 2007
MOVED BY CODE ENFORCEMENT MANAAGER CHIPMAN,
SECONDED BY CHAIRWOMAN WATTS, AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE 45033
PROMISE ROAD, APN 347-452-011, LAKE ELSINORE, CA A
PUBLIC NUISANCE.
5. 15216 Washington Avenue. APN 389-621-022. Lake Elsinore. CA
Chairwoman Watts addressed Code Enforcement Officer Lopez regarding the vacant lot.
Code Enforcement Officer Lopez asked if we could move to item # 5 on Washington
Avenue due to the individual there who represented that property.
Chairwoman Watts stated that was okay.
Code Enforcement Officer Lopez indicated this was case 05-1162 with an address of
15216 Washington Avenue.
Chairwoman Watts introduced Clint White to speak regarding his property. She asked
Code Enforcement Officer Lopez to first give a briefing.
Code Enforcement Officer Lopez indicated the case started in December 2005 with
violations of Lake Elsinore Municipal Code Section 8.18.020 (A)(10), (11), (17), (19) &
(21) which dealt with lack of landscaping, junk, trash & debris, broken fence, broken gate
and overgrown weeds. He stated since the inception of the original case in December
2005, there had been no change to the property's condition. He commented on how over
a period of time it had gotten worse. He indicated he had limited contact with Mr. White
as the property owner only speaking with him on two or three occasions. He stated he
expressed the City's concern over the lack of care and maintenance of the property. He
said he continued to cite the individual and as of this date there is approximately $11,000
in unpaid citations. He stated some of the citations had been paid. He indicated he
received a payment for $800.00 regarding a citation. He stated nothing had been changed
with the condition of property. He indicated his last conversation with Mr. White was
approximately a week and a half ago via telephone where he explained he was in the
process of receiving estimates for landscaping of the property. He indicated it was his
recommendation the Board declare the property a public nuisance and if need be refer the
property to the City Prosecutor's office for maintaining a public nuisance. He stated once
Mr. White explained his side of the story, we would grant him additional time. He
indicated the real problem was the lack of landscaping and if Mr. White was willing to
take care of that he would be willing to work with him. He again indicated they needed
to declare the property a public nuisance. He said he would speak to his supervisor
regarding suspending the penalty amounts but still holding Mr. White accountable for the
administrative fees for this hearing.
Agenda Item No
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PAGE 8 - NUISANCE ABATEMENT MINUTES - NOVEMBER 20, 2007
Chairwoman Watts addressed Mr. White. She asked him to step to the mike and state his
name and address of the property.
Mr. Clint White stated his name. He indicated his address was 15216 Washington
Avenue. He concurred with Code Enforcement Officer Lopez regarding the lack of
landscaping. He stated he had no real excuse except for the lack of money. He indicated
up until recently he had numerous medical bills. He stated he broke his back and
shattered his ankle which took all his money. He said he had a contract/proposal. He
indicated they were to start work as soon as they could to fix his yard.
Chairwoman Watts asked ifhe had a contract with someone.
Mr. Clint White indicated he had.
Chairwoman Watts asked him to show Code Enforcement Office Lopez the contact.
Code Enforcement Officer Lopez agreed to look at the contact. He stated he could verify
Mr. White's claim to medical expenses. He indicated when he talked to him he was in a
full leg cast. He stated the reason he wanted to work with him was because he had some
medical issues. He commented on the proposal from Mario's Landscaping with a total
estimate of $4,900.00.
Code Enforcement Manager Chipman asked if the proposal gave a break down of what
would occur for the $4,900.00.
Code Enforcement Officer Lopez indicated "Front, mow, curb for flower bed 18'
$180.00, approximately 1,400 square foot of sod, prep, clean up, sprinkler repair
$3,375.00, side, mow, curb 25 linear feet at $250.00, 110 square feet of broom finish
concrete $770.00, replace the gate $325.00, no charge for clearing brush." He stated
there was $1,000.00 deposit on a credit card. He asked Mr. White if he knew when they
would start the clean up.
Code Enforcement Manager Chipman asked Mr. 'White to step backup to the podium. He
inquired as to how it got so out of control. He stated he seemed to be an upstanding guy.
He commented on the medical problems. He indicated he must have been in contact with
Office Lopez during that time. He asked how it had got to that point.
Mr. Clint 'White indicated he went on vacation for a month and had the sprinkler set to go
off every night. He stated when he came back someone had turned the sprinklers off and
the lawn was dead. He indicated he tried to get it to grow back but it would not happen. He
stated he did not have the money to replace the lawn.
Code Enforcement Manager Chipman indicated this had been going on for quite sometime.
Mr. Clint 'White agreed. He stated there was really no excuse.
Agenda Item No
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PAGE 9 - NUISANCE ABATEMENT MINUTES - NOVEMBER 20, 2007
Board Member Fagan stated there was a postal receipt from December of 2005.
Code Enforcement Manager Chipman asked if it went back that far. He asked Mr. White
when did he injure his back and leg.
Mr. Oint White stated he shattered his ankles in 2003. He indicated he had just got done
with those medical bills. He said his back was done last year.
Code Enforcement Manager Chipman asked if he had separate injuries, his ankles then his
back. He stated he had a dangerous life.
Mr. Oint White concurred.
Chairwoman Watts asked when were they going to start the landscaping.
Mr. Oint White indicated it would be right after Thanksgiving.
Chairwoman Watts asked if there was an approximate ending date.
Mr. Oint White stated they was not. He stated he was sure by the beginning of December it
would be done.
Board Member Fagan inquired if he was to make payments before it was finished.
Mr. Oint White indicated payment would be paid upon completion.
Code Enforcement Manager Chipman stated it looked like they were going to work off the
$1,000.00 deposit.
Mr. Oint White concurred. He stated remaining payment at completion.
Code Enforcement Manager Chipman indicated he felt bad for him. He stated he had run
up a big tab with the City and he was not sure how much they could work with that.
Mr. Oint White indicted he would have paid it if he could.
Code Enforcement Manager Chipman stated it was not the City's prerogative to try to get
money out of you. He indicated they were trying to get the property cleaned up.
Mr. Oint White indicated he understood.
Code Enforcement Manager Chipman stated it sounded like he was getting in that direction.
He indicated that even though the case had been going on for a long time and under normal
circumstances he would declare the property a nuisance but since he had a contract and he
had put $1,000.00 down.
Agenda Item No
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PAGE 10 - NUISANCE ABATEMENT MINUTES - NOVEMBER 20, 2007
Board Member Fagan indicated a continuance of thirty days.
Code Enforcement Manager Chipman indicated thirty days would be fair enough.
Board Member Fagan asked if Code Enforcement Officer Lopez would be monitoring.
Code Enforcement Manager Chipman indicated yes.
Chairwoman Watts asked about a thirty day continuance.
Mr. Clint White indicated he was sure it would be done in thirty days.
Code Enforcement Manager Chipman asked Office Specialist Teyler if there was a meeting
next month.
Office Specialist Teyler indicated there was a meeting.
Chairwoman Watts stated if Code Enforcement Office Lopez indicated everything was
cleaned up he would not have to come back She indicated if it was not done it would be
declared a nuisance at the next meeting.
Mr. Clint White concurred and thanked the Board.
MOVED BY CHAIRWOMAN WATTS, SECONDED BY CODE
ENFORCEMENT MANAGER CHIPMAN AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO GRANT 15216
WASHINGTON AVENUE, APN 389-621-022, LAKE ELSINORE,
CAA THIRTY DAY EXTENSION
6. Code Enforcement Comments:
None.
7. Nuisance Abatement Board Comments:
None.
ADJOURNMENT
MOVED BY CHAIRWOMAN WATTS TO ADJOURN THE
NUSIANCE ABATEMENT HEARING AT 5:01 P.M.
Agenda Item No
Page of
PAGE 11 - NUISANCE ABATEMENT MINUTES - NOVEMBER 20, 2007
Respectfully Submitted,
ATfEST:
70).
Joyce M Teyler
Office Specialist I
~'k.~~
Robin Chipman, Secretary to the Board
~~l/fltJ~
Chairwoman, Loraine Watts
Agenda Item No
Page of
MINUTES
NUISANCE ABATEMENT HEARING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, DECEMBER 18,2007
******************************************************************
CALL TO ORDER
The regular Nuisance Abatement Hearing was called to order by Robin Chipman,
Code Enforcement Manager at 4:34 PM.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Board Member Jack Fagan.
ROLL CALL
PRESENT: BOARD MEMBER:
FAGAN
PRESENT: CHAIR WOMAN:
WATTS
PRESENT: CODE ENFORCEMENT MANAGER:
CHIPMAN
Also present were: Code Enforcement Officer Lopez and Office Specialist
Teyler.
PUBLIC COMMENTS
None.
CONSENT CALENDAR
1. The following Minutes were approved:
A. Minutes for October 16, 2007
B. Minutes for November 20, 2007
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.
Agenda Item No
Page of
PAGE 2 - NUISANCE ABATEMENT MINUTES - DECEMBER 18, 2007
PUBLIC HEARINGS
Chairwoman Watts opened the Public Hearing at 4:36 p.m.
2. 16533 Rice Street, APN 379-241-050, Lake Elsinore, CA
Chairwoman Watts asked Code Enforcement Officer Lopez to address this case.
Code Enforcement Officer Lopez indicated the property was a foreclosure and
vacant. He stated on this property was a large pile of junk, trash and debris in
the front yard set back which was clearly visible to passing motorists and
residents. He indicated he had received numerous calls and complaints
regarding the above property. He said the only owner information he had was
the previous owner Gustavo P. Acosta. He commented it was his understanding
he was no longer the responsible party but without the ability to track bank and
lender information all the notices were sent out and returned. He stated he
spoke to a realtor who declined to give him any information regarding the actual
owner, the bank or bank location. He indicated it was his recommendation to find
and declare the property a public nuisance and turn it over to the Building &
Safety Department for possible structure abatement. He stated the property
around this property was being developed and he did not know if it would
conform to the current zoning standards.
Code Enforcement Manager Chipman inquired if the map showed the pre-school.
Code Enforcement Officer Lopez indicated it should not.
Chairwoman Watts stated there was Gunnerson.
Code Enforcement Manager Chipman indicated he could not distinguish which
building the map showed. He asked if the intersection at the corner would be
Machado.
Code Enforcement Officer Lopez stated it was.
Code Enforcement Manager Chipman indicated he believed that property was
just purchased by Dennis Block.
Code Enforcement Officer Lopez indicated it might have been.
Code Enforcement Manager Chipman indicated he could not tell by the photo if
the roof line he was looking at was the pre-school.
Agenda Item No
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PAGE 3 - NUISANCE ABATEMENT MINUTES - DECEMBER 18, 2007
Code Enforcement Officer Lopez indicated it appeared to be that house. He
stated the actual property should be down west of this location.
Board Member Fagan stated he had looked at the wrong property. He stated the
property he looked at faced Lakeshore.
Code Enforcement Officer Lopez stated the property in question faced Lakeshore
with a big pile of junk, trash and debris in front.
Board Member Fagan agreed.
Code Enforcement Officer Lopez stated the address was correct but the map
location was not.
Code Enforcement Manager Chipman asked if the property circled on the map
location was the correct property.
Code Enforcement Officer Lopez stated it was not.
Board Member Fagan asked if the photograph was.
Code Enforcement Manager Chipman stated it was not.
Code Enforcement Officer Lopez stated the location map was not correct.
Code Enforcement Manager Chipman explained to Board Member Fagan the
house circled on the map was not the property in question. He asked Code
Enforcement Officer Lopez if the home faced Rice Street.
Code Enforcement Officer Lopez stated the original address was Rice Street. He
indicated that house was going to be demoed and it had been purchased by the
owner of the pre-school.
Code Enforcement Manager Chipman indicated the house Officer Lopez looked
at was the property he talked about that was going to be demoed. He stated the
property involved was down the street.
Code Enforcement Officer Lopez indicated the property looked just as bad if not
worse. He stated it was boarded up with a large pile of construction type debris
in the front yard.
Board Member Fagan indicated he had thought it was another property.
Code Enforcement Officer Lopez stated the property was actually further down
from the map location.
Agenda Item No
Page of
PAGE 4 - NUISANCE ABATEMENT MINUTES - DECEMBER 18, 2007
Board Member Fagan apologized.
Code Enforcement Officer Lopez indicated it was west of the daycare.
Code Enforcement Manager Chipman asked if it was after Machado or before
Machado.
Code Enforcement Officer Lopez indicated it was before Machado. He stated it
was down from the new Rite Aid.
Code Enforcement Manager Chipman indicated he did not get a chance to go
there.
Board Member Fagan stated the recommendation was to declare it a nuisance.
Code Enforcement Officer Lopez concurred and asked the property be referred
to the Building & Safety Department for possible structure abatement.
Board Member Fagan indicated based on Code Enforcement Officer Lopez'
opinion he recommended they declare the property a nuisance.
MOVED BY BOARD MEMBER FAGAN, SECONDED BY
CHAIRWOMAN WATTS, AND CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT TO DECLARE THE 16533 RICE ROAD,
APN 379-241-050, LAKE ELSINORE, CA A PUBLIC NUISANCE.
3. 821 Oriole Court, APN 379-174-043, Lake Elsinore, CA
4. 822 Oriole Court, APN 379-174-054, Lake Elsinore, CA
Chairwoman Watts addressed this case.
Code Enforcement Officer Lopez indicated he was going to combine cases 821
Oriole Court and 822 Oriole Court due to the similarities and being owned by the
same individual. He stated these properties were in distress. He said they were
two abandoned, vacant properties in which the City has had numerous negative
contacts regarding police activity, a fire and trespassers. He commented on the
drug activity also. He stated he had been inside 822 with a Building Inspector
when he was called out there for transient activity. He indicated the house was
uninhabitable. He stated he had contact with the property owner, David Beverly
who stated he had issues with the City and that was the reason he had not
rehabbed those properties. He commented on Code Enforcement Manager
Chipman being aware of the situation with Mr. Beverly. He stated he had hoped
he would be there today to represent himself but he declined to show. He said
Agenda Item No
Page of
PAGE 5 - NUISANCE ABATEMENT MINUTES - DECEMBER 18, 2007
he had spoken to him via telephone, advised him when the meeting was and his
presence would have been appreciated in order to discuss the situation. He
commented on the fact Mr. Beverly did not have any interest in fixing the
properties so his recommendation due to the current condition of being vacant,
somewhat boarded up, graffiti, junk, trash and debris that we declare the
properties a public nuisance. He stated he did not know if structure abatement
would be an option due to the houses sharing a common wall with the next
property. He commented at this point they were uninhabitable based on the
amount of damage. He indicated it would be a major undertaking to rehab these
properties and he did not think the owner was willing to do that.
Board Member Fagan indicated he had no incentive.
Code Enforcement Manager Chipman indicated he had a conversation with Code
Enforcement Officer Lopez approximately a week ago regarding the properties.
He stated Mr. Beverly was aware of the nuisance proceedings. He indicated he
was duly informed. He commented on his dealings with this property owner in
the past and he was a real piece of work. He stated he property owner did not
make sense regarding what he wanted.
MOVED BY BOARD MEMBER FAGAN, SECONDED BY
CHAIRWOMAN WATTS, AND CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT TO DECLARE PROPERTIES 821 ORIOLE
COURT AND 822 ORIOLE COURT, APN 379-174-043 AND 379-
174-054, LAKE ELSINORE, CA A PUBLIC NUISANCE.
5. Code Enforcement Comments:
Code Enforcement Manager Chipman discussed the new NET Project,
February 2, 2008, in the Bird Tract which includes the above two
properties.
Code Enforcement Officer Lopez discussed the bees being moved.
6. Nuisance Abatement Board Comments:
Chairwoman Watts inquired about the last nuisance hearing and what
progress was made regarding 15216 Washington Avenue. Code
Enforcement Officer Lopez indicated he had not been out to re-inspect the
property.
Code Enforcement Manager Chipman discussed the plan to adopt an
ordinance regarding foreclosed homes.
Agenda Item No
Page of
PAGE 6 - NUISANCE ABATEMENT MINUTES - DECEMBER 18, 2007
ADJOURNMENT
MOVED BY CHAIRWOMAN WATTS TO ADJOURN THE
NUSIANCE ABATEMENT HEARING AT 5:01 P.M.
'/ /6
~ .' .J
6 ~e.,' ~
Chairwoman, Loraine Watts
Respectfully Submitted,
n~m.~
Joyce M. Teyler
Office Specialist I
ATTEST:
~k,~.
Robin Chipman, Secre ary to the Board
Agenda Item No
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