777 Cypress Avenue Redding California

Transcription

1 OF R U 9 j1 G P BUILDING CODE ENFORCEMENT DIVISION 777 Cypress Avenue Redding California ADMINISTRATIVE HEARING CITY COUNCIL CHAMBERS REDDING CA HEARING DATE FEBRUARY HEARING TIME 2 PM CODE ENFORCEMENT STAFF REPORT RESPONSIBLE PARTY PARTIES Estate of Douglas Esmond 2353 Court Street Redding CA MORTGAGE HOLDER Caliber Home Loans Property Preservation 3701 Regent Blvd Irving TX TRUSTEE Clear Recon Corp 4375 Jutland Drive Ste 200 San Diego CA ASSESSOR S PARCEL NUMBER LOCATION OF VIOLATIONS 2353 Court Street ORIGINAL COMPLAINT DATE December COMPLIANCE ORDER ISSUED September COMPLIANCE DEADLINE September VIOLATIONS ALLEGED 1 Redding Municipal Code D H L Description Dangerous and unsafe vacant and neglected building due to fire damage Open and accessible to vagrants and or inquisitive minors 2 Redding Municipal Code A B C D and A Description Property blight failure to maintain vacant property dry brush and weeds Description Attractive nuisance property which is an unsecured state as to potentially constitute an attraction to children a harbor for vagrants criminals or other unauthorized persons to resort thereto for the purpose of committing a nuisance or unlawful act

2 3 Redding Municipal Code A B Description Public Nuisance failure to remove all castaways including junk trash debris and personal property left by transients in view of persons on adjacent or nearby property or public right of way Evidence Exhibit B Code Enforcement Photos RECOMMENDATION The Building and Code Enforcement Division recommends that the Administrative Hearings Board affirm that portion of the Compliance Order which notes violations of Redding Municipal Code D H L A B C D A A and B by finding that The estate of Esmond Douglas did violate said codes by failing to secure the abandoned burned building from trespass and for failing to remove the property blight public nuisances of personal property furniture trash junk and debris from the unsecured property at 2353 Court Street Redding California BACKGROUND AND HISTORY Title to the property at 2353 Court Street is held by The Estate of Esmond Douglas attached hereto as Exhibit C On January Code Enforcement received a complaint of an open and accessible vacant and neglected house A letter was sent Attached hereto as Exhibit D to the owner of record deceased on January and Beneficial Finance Corporation On March Code Enforcement received another complaint that persons were squatting on the property and in an abandoned recreational vehicle in the back yard An inspection was conducted and photos taken of the violations Code Enforcement attempted on March to find a responsible party to discuss options and to secure the property On April Code Enforcement was notified by Redding Fire that the house was completely gutted by fire Code Enforcement went to the site and photographed Exhibit B the damage junk and debris On April Code Enforcement prepared a Compliance Order and mailed it to the deceased property owner and a property preservation company working for the mortgage lender Caliber Home Loans building On May 5 The Order was posted on the 2014 Code Enforcement received another complaint of persons living on the property and in the RV in the back yard A site inspection was conducted and photos were taken On June the preservation company for Caliber Home Loans boarded the front of the house and placed a temporary fence around the structure only Code Enforcement went to the site and took photos On August Code Enforcement met RPD on the premises and photographed the junk and debris while they cleared the property of transients and towed the Recreational vehicle Code Enforcement contacted the County Public Administrator who advised the property was in probate and provided the name of the Attorney handling the case She was contacted and informed staff that there is a child support lien on the property out of San Diego County and they are unwilling to forgive the lien She also advised that the bank has not foreclosed upon their loan On September Code Enforcement amended the Compliance Order attached hereto as Exhibit E adding additional violations The order was once again mailed to the responsible party and posted on the property

3 On January Code Enforcement conducted a follow up inspection of the premises and photographed the violations RPD advised that they had responded to a call of a deceased person inside the premises on January A phone call was made to the probate attorney who advised the probate was cancelled due to there being no value to the property because of the amount of the lien On February a call was placed to the probate attorney and she informed Code Enforcement that the responsible party had four daughters and that none of them wanted anything to do with the property Code Enforcement sent a letter attached hereto as Exhibit F to all of the daughters along with a copy of the Compliance Order and notice of hearing NOTICE OF HEARING A Notice of Hearing was posted on the property and sent to the mortgage lender Caliber Homes Loans and their preservation company along with a proof of service of first class mailing on January attached hereto as Exhibit G While researching the deed and assessors data Code Enforcement discovered a trust document that Clear Recon Corporation was either the original trustee the duly appointed substituted trustee or the designation agent of the holder of the deed of trust and as such they have been included in this staff report and on the proposed abatement and penalties order ADMINISTRATIVE COSTS AND PENALTIES In connection with this matter before the Administrative Hearings Board the City of Redding has incurred administrative costs staff time that can be assessed against the property owner pursuant to Redding Municipal Code B These administrative costs total and are itemized in Exhibit H The hourly expenses including overhead have been certified as accurate by Finance Department Accountant II Tanis Boucher In connection with this matter and pursuant to RMC C D the Code Enforcement Division recommends assessment of administrative penalties in the amount of for the violation period commencing April the date in which to comply with the Compliance Order and concluding February the date in which the electronic record was verified that the premises remained in the name of deceased property owner Esmond Douglas and a drive by exterior inspection confirmed that the dwelling is not secured and open and accessible to vagrants and criminals pursuant to Redding Municipal Code If full compliance with the Administrative Abatement and Penalties Order is not achieved by March staff recommends the imposition of additional Administrative Penalties in the amount of per day commencing on March until pursuant to RMC B the date that the Code Enforcement Supervisor determines the violations of the Redding Municipal Code cease to exist up to a maximum of Pursuant to the factors set forth in RMC these penalties are recommended in light of the fact that the property owner responsible party is deceased and therefore cannot correct the violations on the property and the bank has not completed a foreclosure and have not maintained the premises until they take possession by boarding and securing the fire damaged structure in accordance with the City s Vacant and Neglected Building Ordinance Code Enforcement and Redding Police have responded to the premises on multiple occasions due to neighbor complaints of vagrants and transients on and about the property and the violations have been in existence since at least April

4 DATE THE VIOLATIONS WERE LAST CONFIRMED On Friday February Code Enforcement conducted a drive by inspection of the property The castaways furnishings junk and debris remain and the premises are still accessible to vagrants and transients REPORT PREPARED BY Y DEBRA WRIGHT Code Enfor went Supervisor Copies of any attachments to this staff report can be obtained by request from the City Clerk s office

5 O O BUILDING CODE ENFORCEMENT DIVISION P 777 Cypress Street Redding CA IPC3V ADMINISTRATIVE HEARING CITY COUNCIL CHAMBERS REDDING CA HEARING DATE FEBRUARY HEARING TIME 2 PM CODE ENFORCEMENT STAFF REPORT RESPONSIBLE PARTY PARTIES Oasis Land Company LP 7090 N Marks Ave 102 Fresno CA RE ASSESSOR S PARCEL NUMBER LOCATION OF VIOLATIONS Cascade Blvd ORIGINAL COMPLAINT DATE November COMPLIANCE ORDER ISSUED December COMPLIANCE DEADLINE December VIOLATIONS ALLEGED 1 Redding Municipal Code B D A Description Property blight failure to maintain vacant property of dead and or decayed trees dry brush and weeds Attached hereto as Exhibit A Description Property which constitutes a fire hazard and is likely to harbor rats vermin and other nuisances due to trash and debris Attached hereto as Exhibit A 2 Redding Municipal Code A B and N Description Public Nuisance Illegal dumping Failure to remove all castaways including trash debris and personal property left on property Attached hereto as Exhibit A Evidence Exhibit B Code Enforcement Photos

6 RECOMMENDATION The Building and Code Enforcement Division recommends that the Administrative Hearings Board affirm that portion of the Compliance Order which notes violations of Redding Municipal Code B D A B N and A by finding that Oasis Land Company LP did violate said codes by failing to remove the property blight public nuisance of weeds dry brush castaways trash and debris at Cascade Blvd Redding CA BACKGROUND AND HISTORY Title to the property at Cascade Blvd is held by Oasis Land Company approximately 126 acres of vacant land Attached hereto as Exhibit C LP and is On November Code Enforcement was notified by Redding Police of transient encampments and illegal dumping on vacant acreage located on Cascade Blvd and Oasis Road abutting the City of Shasta Lake Redding Police Community Service Officer Bob Brannon photographed the violations and provided them to Code Enforcement Code Enforcement reviewed their open files and discovered an open case on these premises since November of 2013 A violation letter attached hereto as Exhibit D was sent to the responsible party on February with recommendations to monitor and secure the premises against trespass and illegal camping activity A note to the file reveals that Oasis Land Company LP retained Eihnerd Diaz Associates to assist with organizing a clean up of the area There being no evidence that a clean up was conducted and the new complaint filed by RPD Code Enforcement sent a Compliance Order on December requiring that the responsible party remove all castaways trash debris dry brush and limbs and regularly monitor the property to prevent trespass and illegal dumping and obtain inspections and final approvals from the Code Enforcement Division Attached hereto as Exhibit E On December Mike Thomason left a message on the Code Enforcement line stating that it is the responsibility of the City of Redding for Police actions on his property and that he didn t know what to tell us Staff has not had any additional contact with Mr Thomason NOTICE OF HEARING A Notice of Hearing was sent to the responsible party Oasis Land Company LP along with a proof of service of first class mailing on January Attached hereto as Exhibit F ADMINISTRATIVE COSTS AND PENALTIES In connection with this matter before the Administrative Hearings Board the City of Redding has incurred administrative costs staff time that can be assessed against the property owner pursuant to Redding Municipal Code These administrative costs total and are itemized in Exhibit G The hourly expenses including overhead have been certified as accurate by Finance Division Accountant II Tanis Boucher In connection with this matter and pursuant to RMC C D the Code Enforcement Division recommends assessment of administrative penalties in the amount of for the violation period commencing December the final date in which to comply with the Compliance Order and

7 concluding February the date in which the last inspection conducted confirmed that the violations still exist pursuant to Redding Municipal Code If full compliance with the Administrative Abatement and Penalties Order is not achieved by March staff recommends the imposition of additional Administrative Penalties in the amount of per day commencing on March until pursuant to RMC B the date that the Code Enforcement Supervisor determines the violations of the Redding Municipal Code cease to exist up to a maximum of Pursuant to the factors set forth in RMC these penalties are recommended because the property owner responsible party has failed to clear the vacant property of castaways trash debris dry brush and limbs and has failed to secure the property so as to prevent further access by transients and persons dumping junk and debris The violations have been in existence since at least November 2013 and the responsible party has failed to respond to the City s Administrative Compliance Order by the deadline of December DATE THE VIOLATIONS WERE LAST CONFIRMED On Monday February Code Enforcement inspected and photographed exhibit B the property The property blight of weeds dry brush castaways trash and debris remains and there is no evidence of trespass signage or attempts to abate the nuisances REPORT PREPARED BY v DEBRA WRIGHT Code Enforcement Supervisor Copies of any attachments to this staff report can be obtained by request from the City Clerk s office