Resolution Number 85-2-19-12 6 76'
RESOLUTION NO. 85-2-19-1
DECLARATION OF PUBLIC NUISANCE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
CERTAIN REAL PROPERTY LOCATED AT 31979
DEL OBISPO STREET, SAN JUAN CAPISTRANO
(ASSESSOR'S PARCEL NUMBER 649-082-23) TO BE
A PUBLIC NUISANCE
WHEREAS, the City Council scheduled a public hearing
for January 8, 1985, which said hearing was continued to and held
on February 19, 1985, regarding whether certain property, located
at 31979 Del Obispo Street, San Juan Capistrano, constitutes a
public nuisance under the provisions of the San Juan Capistrano
Municipal Code Section 8-3.01 and Section 302 of the Dangerous
Building Code; and,
WHEREAS, the City Council received sworn testimony and
documentary evidence establishing that the real property, located
at 31979 Del Obispo Street, San Juan Capistrano, constitutes a
public nuisance.
FOLLOWS:
NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS
SECTION 1. Declaration of Nuisance and
Demolition.
The City Council hereby finds that the property,
located at 31979 Del Obispo Street, San Juan Capistrano,
constitutes a public nuisance. Pursuant to the provisions of San
Juan Capistrano Municipal Code Section 8-3.01 and Section 302 of
the Dangerous Building Code (1982 Edition) the City Council
hereby orders that the subject property be demolished forthwith
by City forces.
SECTION 2. Findings Regarding Declaration of
Public Nuisance.
The City Council supports its declaration of public
nuisance by making the following subsidiary findings:
(A) The structures, located at 31979 Del Obispo
Street, are a public nuisance because:
(1) the garage is delapidated to a point where
there is an eminent complete or partial
collapse of the existing garage;
(2) the buildings, as identified in the
photographs submitted to Council in evidence,
have been abandoned for a period in excess of
six months and are not properly secured to
prevent entry, and are being used as a harbor
for vagrants, and are completely lacking in
usable sanitary and heating facilities;
-1-
2 68 (3) the electrical and gas systems are damaged
and if energized, would more likely than not
start a fire;
(4) many windows are broken and the remaining
jagged glass constitutes a hazard;
(5) the cover on the cistern on the property is
not secured and constitutes a hazard;
(6) numerous structure hazards exist such as
deteriorated foundations, dry rot, sagging
roof and deteriorated timbers and masonary;
(7) there is evidence of rodent, insect and other
vermin infestation.
(B) The City's Building Inspector's findings as stated
in his "Notice and Order," dated September 7,
1984, are attached and incorporated herein by
reference as Exhibit "A." Documentary evidence
consisting of the photographs taken of the
property on December 20, 1984, are incorporated
and are on file in the City Clerk's Office.
(C) The Building Official of the City is directed to
obtain a low bid for demolition of the property.
Upon confirmation of statement of charges for
demolition of the structures by the City
Council, the Council hereby directs that
appropriate documents be filed in the recorder's
office to secure a lien against the property to
cover the costs of demolition plus additional
administrative expenses incurred by the City.
PASSED, APPROVED AND ADOPTED this 19th day of
February , 1985
/GARY HAUSDORFER, MAY
ATTEST:
M,6 loe,e�LkL _
CITY CLEW-
-2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
269
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 85-2-19-1, adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 19th day of
February 1985 , by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
ABSTAIN: Councilman Schw7tze �
(SEAL) "%Q� [_41jV:Z Xcr,z
MARY ANN WOVER, CITY CLERK
-3-
270
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 20th day of February ,
she caused to be posted:
RESOLUTION NO. 85-2-19-1
being: DECLARATION OF PUBLIC NUISANCE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
CERTAIN REAL PROPERTY LOCATED AT 31979
DEL OBISPO STREET, SAN JUAN CAPISTRANO
(ASSESSOR'S PARCEL NUMBER 649-082-23) TO BE
A PUBLIC NUISANCE
of
1985 ,
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
CHECK LIST
ORD. N0.__.-.---- RES. NO.._.._...
...... /.. Mayor has signed
...... Y..... Clerk has signed
......1/.. City Seal stamped
........�/.... All blanks typed in
:'Absent.. ....--...../ - -_.. _---.....------------
"Noes" .._......--- --(r'SA�'�ain...............
.............. Typed in Official Record Book
.............. Posted to Classified Cards
------------- Copies sent to --- ftsfK-3.).j. f is %e ..........
--Cpa ;1....... Ef as �.--
--
------------------------------------------ ----
.............. Legal Publication ordered to be published
(date) . ....... ......_........ -- --- ...._..........
No. Affidavits ..........
No. Printed copies required --------- ........
Remarks
_..............."....................---•---................................�. ......
................ ..........----............ ---------...1....f.._.
.ars M2M. Q o -A
�2Y ANN �FANOVER, CITY LE K
San Juan Capistrano, California
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A/�Yogw �
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32400 PASLIO ADELANTO"
SAN JUAN CAPISTRANO, CALIFORNIA 92675
PHONE 493-1171
NOTICE AND ORDER
September 7, 1984
Newport Pacific Homes Inc.
22301 Blueberry Lane
E1 Toro, CA 92630
Gentlemen:
Reference is made to my letter dated August 16, 1984, concerning
the unsafe condition of the buildings on your property at
31979 Del Obispo St., San Juan Capistrano, CA., and further
described as Assessor's Parcel No. 649-082-23. As stated in the
referenced letter, the house has been found to be dangerous; you
were, therefore, requested to contact this office regarding
abatement of the unsafe condition. This you have not done.
You are hereby notified that a detailed inspection of your premises
has been made by the City Building and Safety Division, that the
building and garage have been found to be unsafe and to constitute
a public nuisance, that the buildings have been posted to prohibit
entrance and occupancy, and that, pursuant to San Juan Capistrano
Municipal Code 8-3.01 and the Uniform Code for the Abatement of
Dangerous Buildings, 1982 Edition, the buildings must be demolished.
Conditions found on the premises during the inspection which are
in violation of Section 302 of the Dangerous Buildings Code include:
1) The garage has become delapidated, deteriorated and/or
decayed to the point where complete or partial collapse
may occur.
2) The buildings have been abandoned for a period in
excess of six months, are not properly secured to
prevent entry, are being used as a harbor for vagrants,
and are completely lacking in useable sanitary and
heating facilities.
3) The electrical and gas systems are damaged, and, if
energized, are likely to start a fire.
ExN i8 i T fQ
272
Newport Pacific Homes Inc.
September 7, 1984
Page 2
4) Many windows are broken, and the remaining jagged
glass constitutes a hazard.
5) The cover on the cistern on the property is not
secured and therefore constitues a hazard.
6) Numerous structural hazards exist, such as deteriorated
foundations, dryrot, sagging roof, and deteriorated
timbers and masonry.
7) There is evidence of rodent, insect and other
vermin infestation.
Because of the condition of the above named property, as evidenced
by the above -outlined conditions, I, as Building Official of the
City of San Juan Capistrano, CA., have determined that all buildings
on the property must be demolished, the cistern must be removed or
filled, the premises must be restored to a sanitary condition, and
that under no conditions are the buildings to be occupied prior
to such demolition. Further, a demolition permit must be secured
from the City Building and Safety Division (there is no cost for
this permit) within 60,days from the date of this order, and the
demolition and clean-up must be completed within 30 days after
issuance of that demolition permit.
You are advised that your failure to comply with this order may
result in the above described work being done by the City and
the costs thereof being charged against the property or its owner.
You are further advised that any person having any record title or
legal interest in these buildings or this property may appeal this
notice and order to the City Council of the City of San Juan
Capistrano, CA., provided such appeal is made in writing as provided
by the San Juan Capistrano Municipal Code and filed with the
Building Official within 30 days from receipt of this letter.
Failure to appeal will constitute a waiver of your rights to an
administrative hearing and determination of this matter.
Should you have questions or desire further information please
contact me at City Hall or phone (714) 493-3172.
Yours very truly,
CITY OF SAN JUAN CAPISTRANO
N. S. Cochran
Building Official
NSC:ms
xc: City Attorney
Director of Community Planning & Development