HomeMy WebLinkAboutStaff Report 7154
City of Palo Alto (ID # 7154)
City Council Staff Report
Report Type: Action Items Meeting Date: 9/26/2016
City of Palo Alto Page 1
Summary Title: Nuisance Abatements: 220 Matadero Avenue and 18
Roosevelt Circle
Title: PUBLIC HEARING: Adoption of a Resolution Confirming Code
Enforcement Abatement Report and Ordering Cost of Abatement to be a
Special Assessment on the Properties Located at 220 Matadero Avenue and
18 Roosevelt Circle
From: City Manager
Lead Department: Planning and Community Environment
Recommendation:
Staff recommends that Council (1) hold a public hearing to hear and consider objections from
affected owners of properties located at 18 Roosevelt Circle and 220 Matadero Avenue of
proposed assessments related to completed nuisance abatement work and (2) adopt the
attached resolution confirming the report and ordering abatement costs to be a special
assessment on the properties specified in the report (Attachment A).
Background:
Abatement of Nuisances
Chapter 9.56 of the Palo Alto Municipal Code declares a number of conditions public nuisances
and authorizes abatement by the City when an enforcement officer determines that any such
condition exists on any premises. If the nuisance condition does not constitute an immediate
danger, the enforcement officer must first issue a notice to the responsible person to abate the
condition by a date certain or to attend a hearing to show cause as to why the condition should
not be abated. Only after the time for such abatement or hearing has passed may the
enforcement officer proceed with abatement. If necessary, the City will obtain a nuisance
abatement warrant from the Santa Clara Superior Court before abating the nuisance.
In the event the City is required to abate the condition, Chapter 9.56 provides that the cost of
the abatement shall be a civil debt owed to the City jointly and severally by the responsible
persons. If the debt is not paid upon demand, the debt may be embodied in a report and an
assessment list filed with the City Clerk. Thereafter, the City Council may impose a lien in the
amount of the debt, or a reduced amount, by holding a noticed public hearing to consider the
City of Palo Alto Page 2
report, together with any objections or protests, as provided in Palo Alto Municipal Code
Chapters 9.56 and 8.08.
Unsafe Buildings
Chapter 16.40 of the Palo Alto Municipal Code declares a number of conditions that constitutes
a dangerous building or substandard residential building and authorizes abatement by the City
Engineer when such conditions are not corrected. Upon determining that a structure is a
dangerous or substandard building, the Chief Building Official may issue a Notice and Order
requiring the property owner to correct the dangerous or substandard condition. For
conditions that present an imminent threat, the Chief Building Official may also order
immediate evacuation of the building and post a notice that the building shall not be occupied.
If the condition remains uncorrected after a specified period of time, the Chief Building Official
may order and the City Engineer may cause abatement by the City.
In the event the City is required to abate the condition, Chapter 16.40 provides that the
itemized cost of abatement shall be embodied in a report filed with the City Clerk. Thereafter,
the City Council may impose a lien for the cost of abatement by holding a noticed public
hearing to consider the report, together with any objections or protests. Any interested person
may file a written protest with the city clerk at any time prior to the hearing.
The City Clerk has posted a copy of the report and assessment list, and published the required
notice of this hearing in the Palo Alto Weekly. The cost report has been posted on the City Hall
Plaza bulletin board for ten days prior to this hearing.
Property owners may object to the charges for nuisance abatement being levied against their
properties. Should there be any modifications in the proposed assessments as a result of the
hearing; such changes will be reflected in the final resolution adopted by the Council. After the
Council adopts a resolution confirming the abatements and ordering those costs to be imposed
as liens or transferred to the unsecured roll, the assessments will be submitted to the County
Assessor for entry on the October tax roll upon which general City taxes are to be collected, and
a notice of lien may be recorded with the County Recorder.
Discussion:
220 Matadero Avenue
On August 5, 2014, the City’s Code Enforcement division issued a notice to abate to the
property owner at 220 Matadero Avenue on the basis of an accumulation of solid waste on the
premises as well as the existence of weeds, dirt, debris, and litter on the sidewalk fronting the
property. The former property owner neither abated the nuisance nor appeared to contest the
nuisance determination. After obtaining a nuisance abatement warrant, the code enforcement
officer coordinated abatement of the nuisance with the City’s Public Works, Parks, and Police
departments. The total cost of the abatement, including charges for several large waste
containers was $11,456.59. After several unsuccessful attempts to collect the debt from the
former property owner, staff is now seeking to have the debt levied as an assessment on the
City of Palo Alto Page 3
tax roll. Because the property has been sold since the abatement was completed, the cost of
abatement shall not result in a lien against the real property but instead shall be transferred to
the unsecured roll for collection from the former owner.
18 Roosevelt Circle
On December 10, 2015, the City’s Code Enforcement division issued a notice to abate to the
property owner at 18 Roosevelt Circle on the basis of an accumulation of bicycle parts on the
premises as well as the existence of junk and debris on the front yard and driveway of the
property. The property owner did not contest the nuisance determination and made some
efforts to reduce the extent of the nuisance after communicating with City staff. Nonetheless,
some City abatement was required. After obtaining a nuisance abatement warrant, the code
enforcement officer coordinated abatement of the nuisance with a third party contractor. The
total cost of the abatement was $5,376.00. Staff is now seeking to have the debt levied as an
assessment on the tax roll.
Policy Implications:
This procedure is consistent with existing City policies in the Palo Alto Municipal Code for
recovering costs of nuisance abatements.
City of Palo Alto Page 4
Resource Impact
There is no direct fiscal impact of this action to the City. The assessments identified on
Attachment B, totaling $11,456.59, will be transferred to the unsecured tax roll and will not be
borne by the City.
The assessments identified on Attachment C, totaling $5,376, will be imposed as a lien on the
property at 18 Roosevelt Circle as listed and will not be borne by the City.
Environmental Assessment
The adoption of this resolution and confirmation of the nuisance abatement report are not
projects for the purposes of the California Environmental Quality Act (CEQA), as there is no
potential for a direct or indirect change in the environment, and therefore no environmental
review is required.
Attachments:
Attachment A: Resolution Ordering Special Assessment for Nuisance Properties (DOCX)
Attachment B: Supporting documentation for 220 Matadero (PDF)
Attachment C: Supporting documentation for 18 Roosevelt (PDF)
NOT YET APPROVED
{date] sh ________ 1
Resolution No. _____
Resolution Confirming Nuisance Abatement Report and Ordering Cost
of Abatement to be a Special Assessment
R E C I T A L S
A. The Council of the City of Palo Alto has heretofore declared a number of
conditions to be public nuisances and
B. Having identified public nuisance conditions, Code Enforcement staff issued
notice to abate such nuisances or show cause why abatement should not occur; and
C. Subsequent to the giving of said notice and in the absence of abatement or an
adequate showing, Code Enforcement staff has caused to be abated the nuisance conditions on
the herein described properties; and
D. Code Enforcement staff has filed a report and assessment list for nuisance
abatement as provided by law and a hearing has been duly set and noticed, for objections to
said report and assessment list and for confirmation; and
E. The Council has duly considered the report and assessment list and any
objections thereto.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. The report and assessment list, together with any amendments
ordered by the Council, is in all respects complete and correct and is hereby confirmed. The
amounts of the cost for abating the nuisance are confirmed and those remaining unpaid
($5,376 for 18 Roosevelt Circle and $11,456.59 for 220 Matadero Avenue) shall constitute
special assessments against the respective parcels of land and are a lien on the property for the
amount of the respective assessment.
SECTION 2. All written or oral protests or objections to said report and assessment
list are overruled or denied.
SECTION 3. The unpaid assessments noted above shall be entered upon the 2016-
2017 tax roll against the parcels of land and shall be collected at the same time and in the same
manner as general City taxes, be subject to the same interest and penalties, and be subject to
the same procedure and sale in case of delinquency. All laws and ordinances applicable to the
levy, collection, and enforcement of City taxes are hereby made applicable to this special
assessment.
NOT YET APPROVED
{date] sh ________ 2
SECTION 4. In the event the property has been transferred to a bona fide purchaser
for value prior to the date on which the first installment of taxes imposed by this resolution
would become delinquent, the cost of abatement shall be transferred to the unsecured roll for
collection.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Senior Deputy City Attorney City Manager
_____________________________
Director of Administrative Services
NOT YET APPROVED
Exhibit 1
Nuisance Abatement Report and Assessment List – September 2016
Site Address APN Owner Name and Address Tax Roll
Amount
1 220 Matadero Avenue 132-34-025 Douglass, Wayne J. PO Box 60337 Palo Alto, CA 94306-0337 $11,456.59
2 18 Roosevelt Circle 132-29-069 Bernstein, Jeanysse
(Trustee) 18 Roosevelt Circle Palo Alto, CA 94306 $5,376.00
Invoice
Date
12/15/2015
Invoice #
134973
Bill To
City of Palo Alto
Attn: Accounts Payable
285 Hamilton Ave
Palo Alto, CA 94301
P.O. No.Terms
Net 30
Thank you for your business.Total
655 Du Bois Street Ste F
San Rafael, CA 94901
Phone: (415) 453-1182
Fax: (415) 453-5844
To book a job in your area please call
(408) 988-5865 or (800) 468-5865
Description Amount
Removal of 8 trucks full of bikes, bike parts, trash and misc junk from 18 Roosevelt Cir, Palo
Alto CA
5,376.00
$5,376.00