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HomeMy WebLinkAboutItem No. 01 - Nuisance Abatement Hearing for Assessor Parcel Number (APN)_ 378-141-016 (Andrei1)Nuisance Abatement Hearing for Assessor Parcel Number (APN): 378-141-016 (Andrei Moskalchuk) Approve staff’s recommendation to have APN: 378-141-016 declared a public nuisance. Page 1 of 2 REPORT TO NUISANCE ABATEMENT BOARD To:Honorable Nuisance Abatement Board Members From:Jason Simpson, City Manager Prepared by:Fred Lopez, Code Enforcement Manager Date:August 19, 2025 Subject: Nuisance Abatement Hearing for Assessor Parcel Number (APN): 378- 141-016 (Andrei Moskalchuk) Recommendation Approve staff’s recommendation to have APN: 378-141-016 declared a public nuisance. Initial Contact On September 12, 2023, Case No. 23-14345 was opened on a vacant lot. Violations included Lake Elsinore Municipal Code (LEMC) Section 8.18.020 (D) for unapproved structures or fences and LEMC 8.18.020 (M) for storing equipment or materials without a permit. Owner Andrei Moskalchuk installed a wooden fence and brought in dirt and gravel without required approvals. A violation notice was posted. Investigation Subsequently, on September 28, 2023, the owner contacted staff about the violation. He spoke with technician Crissy Mirabella, received instructions for building on the land, and was granted an extension to address the fence and start the construction process. The Building Department closed the owner’s application on October 31, 2023, because it lacked a Planning Application for the new project. The property owner was emailed at that time, stating that their application had been denied. On December 4, 2023, Officer Castellanos followed up with the Planning Department regarding the progress of the case. On February 27, 2024, the Planning Department reported that the owner’s application was deemed incomplete on February 4, 2024. No new paperwork has been submitted. Material remains stored on the lot. Officer Castellanos also noticed power wires on two fence posts and a water connection by the fence. APN: 378-141-016 (Andrei Moskalchuk) Page 2 of 2 From February 27 to April 17, 2024, the property owner has failed to comply. Several administrative citations have been mailed. On April 22, 2024, the property owner visited City Hall and requested that we cease issuing fines, as he is working with an engineer to resolve the violations. He was instructed to complete and resubmit the planning application, then submit it to the building department for review. Once that is done, he can discuss fines with an officer. We provided him with the addresses of the Planning and Building departments. On June 4, 2024, Officer Castellanos saw a travel trailer with a generator and two trucks on the property. He advised the owner that vehicles cannot be stored on-site and that living in a trailer is not allowed. The owner was advised to relocate to an approved campground with full hook- ups. On June 24, 2024, Officer Castellanos observed an entertainment-like stage had been erected on the property. From June 24, 2024, to March 25, 2025, there was no contact between the owner and the City. The owner continued to reside in the trailer and remained in violation, despite receiving administrative citations for non-compliance. The case was referred to the City Prosecutor. On April 7, 2025, the City Prosecutor mailed and posted a cease-and-desist letter to the property. On April 29, 2025, the owner requested an extension from the City Prosecutor. Time was granted until May 30, 2025, to remove the stage and 5th-wheel trailer. If the owner fails to comply, the City will seek an abatement warrant through the courts to remove all violations. On April 29, 2025, an additional complaint was received from a neighboring property due to a strong sewage odor. The complainant suspected the waste from the trailer was being illegally discharged onto the property. This complaint is unconfirmed as we do not have access to the property. From April 29, 2025, to July 1, 2025, the owner mailed two letters requesting additional time and leniency due to family hardships. The City chose to proceed with abatement, and the owner appealed. No action will occur until the Nuisance Abatement Board makes its determination. Fiscal Impact All cost associated with the case, which include staff time and attorney’s fees, will be billed to the property owner through cost recovery procedures. Attachments Attachment 1- Electronic Case File (Moskalchuk) Community Development