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HomeMy WebLinkAbout5168 - Public Nuisance Abatement• f WWCemec 2/18/60 RESOLUTION NO. 516� • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE ABATEMENT OF A PUBLIC NUISANCE WHEREAS, the chief building official of the City of New® port Beach, acting as the enforcement agency and building official pursuant to the State Housing Act, Section 17821, et seq., of the Health and Safety Code afd the Uniform Building Code of the City of Newport Beach, respectively, did cause certain buildings to be posted t and the owner of same to be „notified that said buildings are unfit for human habitation or occupancy, the reasons for the same being set forth; an affidavit relative to the posting of notice being on file in the proceedings herein; and WHEREAS, pursuant to the said State Act hereinbefore men- tioned and said Uniform Building Code, said official did cause a "Notice to Abate Nuisance” to be posted in the form provided by law; and WHEREAS, said buildings have not been repaired or removed as required by the building official; and WHEREAS, Mr. Roger Van Pelt, the owner of said buildings, was notified to appear and did appear in person at the hearing before the City Council on the 11th day of January, 1960, and on such other days to which said hearing was continued; and WHEREAS, after evidence received at said hearing on said date, and on other dates to which said hearing was continued, from the building official and from all other interested parties, and after an inspection of the premises by the City Council, the City Council makes the following findings: • There are six buildings located on Lots 2 and 3, Block 13, • Balboa Tract, in the City of Newport Beach, designated by street ad- dress as 904 East Balboa Boulevard, 906 East Balboa Boulevard, 905 East Bay Avenue, and 907 East Bay Avenue, owned by Mr. Roger Van Pelt, which buildings are unsafe and unfit for human habitation or occupancy for the reasons that structural, sanitary, maintenance 0 0 and other deficiencies exist in each of said buildings as herein- after set out, which said buildings have been designated in this proceeding for the purpose of convenience as Unit No. 1 through Unit No. 6. (a) In Unit No. 1 at 906 East Balboa Boulevard, these deficiencies exist: 1. tank. 2. 3. foundation. 4. is low. 5. vent. The toilet is not provided with a flush The screens are rusted and dilapidated. The building is not supported by an adequate The ceiling height throughout the building The kitchen range is not provided with a 6. The natural gas line to the kitchen range is not provided with proper valve and connector. 7. The windows are too small to provide adequate light and ventilation in the living and sleeping rooms. . 8. There is dry rot and termite damage to the structural members of the building at and near the ground level. 9. The exterior walls of the building are deteri- orated and are not weathertight. 10. The wiring is obsolete and the wires lack adequate insulation because of extreme age and deterioration. 11. The entire building is extremely dilapidated and shows evidence of a complete lack of maintenance and repair. 12. The plumbing is obsolete and unsanitary and is detrimental to the health and safety of occupants. (b) In Unit No. 2 at 906 East Balboa Boulevard, these deficiencies exist: 1. The shower room and toilet room added to the original building are of single wall construction, have no foundation and no screened windows and are not weathertight, and the floors are improperly constructed and have not been maintained. 2. The shower room and toilet room are unsanitary and by the nature of their construction could not be made sanitary. 3. The floor of the building is not level as a result of the building's having settled due to the lack of an adequate foundation. 2. 40 0 0 0 4. There is little or no air space between the floor and the ground. 5. The floor has separated from the wall in the kitchen and has subsided to the extent that the doors do not open freely. 6. The kitchen range has no vent. 7. The natural gas line to the kitchen range is not equipped with a safe connector and valve. 8. The ceiling height throughout the building is low. 9. The windows in the building are so small as not to provide adequate light, air or ventilation. 10. Dry rot and termite damage exist in the struc- tural parts of the building at or near the ground level. 11. The screens are rusted and deteriorated. 12. The exterior walls of the building are deteri- orated and do not offer complete protection from the weather. 13. The electrical wiring is obsolete and the wires lack adequate insulation because of extreme age and deterioration. 14. The plumbing is obsolete and unsanitary and is detrimental to the health and safety of occupants. 15. The entire building is extremely dilapidated and shows evidence of a complete lack of maintenance and repair. (c) In Unit No. 3 at 906 East Balboa Boulevard, these deficiencies exist: 1. A lean -to addition has been added to this structure and is of unstable construction and suffers from extreme dilapidation. The lean-to houses a boiler type water heater which is located within a few inches of an exposed wood surface. 2. Glass is missing from some of the windows. 3. The building is not supported by an adequate foundation. 4. The floors have subsided and are not level. 5. The doors do not swing completely open. 6. The floor has separated from the wall in the kitchen because of subsidence. 7. The roof, walls and floor are badly deterior- ated and do not keep the weather out. 8. Dry rot and termite damage are in evidence at or near the ground level in structural parts of the building. 3. 9. The natural gas line to the kitchen range is not equipped with an adequate connector and valve. • 10. The window area is so small that it does not provide adequate light and ventilation. • 11. The toilet is not equipped with a flush tank. 12. The electrical wiring is obsolete and the wires lack adequate insulation because of extreme age and deterioration. 13. The plumbing is obsolete and unsanitary and is detrimental to the health and safety of occupants. (d) In Unit No. 4 at 904 East Balboa Boulevard, these deficiencies exist: 1. The sheathing on the porch roof is warped, twisted and deteriorated. 2. The light switch at the front door is broken. 3. The roof covering is badly deteriorated and defective. is broken. 4. The handle on the flush valve on the toilet 5. The windows do not keep the weather out. 6. The windows are of inadequate size to provide adequate light, air and ventilation. 7. The natural gas line to the kitchen range is not equipped with an adequate connector and valve. 8. The kitchen range is not provided with a vent. 9. There is a hole in the wall under the kitchen sink which extends to the outside. 10. The ceiling height throughout the building is low. 11. The building shows lack of adequate maintenance and repair and as a result is generally dilapidated. (e) In Unit No. 5 at 907 East Bay Avenue, these defi- ciencies exist: 1. The building is not supported by an adequate . foundation with the result that it has subsided and rendered the floors unlevel: • 2. There is a concentration of scrap lumber stored in the underfloor area 3. The brick lining in the fireplace is eroded and the mortar is deteriorated and crumbling with the result that the bricks are loose. 4. The sewer drain from the kitchen sink is defect- ive and has been repaired with friction tape. 4. 5. The natural gas line to the kitchen range is not equipped with a proper valve. 40 6. Wall paneling is buckled and warped. • 7. The ceiling height on the second floor, which has been used as a dormitory, varies from 3 feet at the side walls to 7 feet at the center. 8. The second floor area does not have sufficient window area to provide adequate light, air and ventilation. 9. There is only one means of egress from the second floor, which consists of an exterior stair 28 inches in width with a head room of only 4 feet 10 inches. 10. Many floor boards are loose. 11. The exterior board and batt walls are cracked, split and warped to the extent that weather is not kept out. 12. The floor joists supporting the second floor are inadequate in size and number when the condition of the building is taken into consideration. 13. The electrical wiring is obsolete and the wires lack adequate insulation because of extreme age and deterioration. 14. The plumbing is obsolete and unsanitary and is detrimental to the health and safety of occupants. 15. The building shows lack of adequate maintenance and repair and as a result is generally dilapidated. (f) In Unit No. 6 at 905 East Bay Avenue, these defi- ciencies exist: 1. The 4" x 4" posts supporting the building are damaged by dry rot and termite infestation. These posts along with the mudsills on which they rest are buried ap- proximately 24 inches in the ground and have not been main- tained. 2. The building is not supported on'an adequate foundation, and as a result of the conditions described above substantial subsidence has resulted. 3. There is an accumulation of scrap lumber and debris in the underfloor area. 4. The mortar and firebrick in the fireplace are deteriorated and crumbling. • 5. The natural gas line to the living room is • equipped with an improper valve for the control of gas. 6. No vent is provided for the kitchen range. 7. Unvented space heaters are provided for heat. 8. The second floor area, which has been used as a dormitory, has insufficient window area to provide adequate light, air and ventilation. 5. 9. The ceiling height of the second floor area 12. Wires carrying electricity on the building attached to the exterior walls are partially bare due to deterioration of the insulating material. 13. The siding is split and cracked and shows evidence of inadequate maintenance and it does not protect from the weather. 14. The roof is badly deteriorated and leaks in some areas. 15. The wiring is of knob and tube type and in some places is within easy reach of an adult. The insula- tion is deteriorated and in some places the bare wire is exposed. 16. The plumbing is obsolete and unsanitary and is detrimental to the health and safety of occupants. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach, acting as the governing board under the State Housing Act and as City Council under the Uniform Building Code, does hereby, on the basis of the hearings and evidence presented and its inspection of the buildings, conclude that said buildings are a nuisance and are unsafe and unfit for human habita- tion or occupancy for the reasons heretofore set forth in this resolution, and does hereby direct the owner to abate said nuisance within thirty days after the date a copy of this resolution is posted on said buildings. BE IT FURTHER RESOLVED that it is the conclusion of the City Council that said buildings cannot practically or economically . be reconstructed or repaired in a. manner to be made safe and fit • used as a dormitory varies from 3 feet to 7 feet. • as to comply with the requirements of 10. There is only one means of egress from the the second floor area which is an exterior stairway measuring • 21 inches in 10 inches. width and providing head room of only 4 feet 11. The wood ceiling material is buckling and warping. 12. Wires carrying electricity on the building attached to the exterior walls are partially bare due to deterioration of the insulating material. 13. The siding is split and cracked and shows evidence of inadequate maintenance and it does not protect from the weather. 14. The roof is badly deteriorated and leaks in some areas. 15. The wiring is of knob and tube type and in some places is within easy reach of an adult. The insula- tion is deteriorated and in some places the bare wire is exposed. 16. The plumbing is obsolete and unsanitary and is detrimental to the health and safety of occupants. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach, acting as the governing board under the State Housing Act and as City Council under the Uniform Building Code, does hereby, on the basis of the hearings and evidence presented and its inspection of the buildings, conclude that said buildings are a nuisance and are unsafe and unfit for human habita- tion or occupancy for the reasons heretofore set forth in this resolution, and does hereby direct the owner to abate said nuisance within thirty days after the date a copy of this resolution is posted on said buildings. BE IT FURTHER RESOLVED that it is the conclusion of the City Council that said buildings cannot practically or economically . be reconstructed or repaired in a. manner to be made safe and fit • for human occupancy and so as to comply with the requirements of the State Housing Act and the Building Code and Municipal Code of the City of Newport Beach and that, therefore, said buildings must be razed or removed and the building official is hereby authorized and directed to inform the owner of said buildings that 6. 0 0 0 0 if said nuisance is not abated said buildings will be razed or removed by the City of Newport Beach and the expense thereof made a lien on the land upon which said buildings are located. This resolution was adopted by the City Council of the City of Newport Beach at a regular meeting on the 23rd day of February, 1960, by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: T ABSENT COUNCILMEN: c Councilmen Kingsley and Somers abstained ATTEST: from voting. kK 0--„ a-Im /01N "7 „. 7. y • • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I. MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution Noe 5168 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 23d day of February , 19 60 , by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Dated this Atkinson, Higbie, Stoddard, Hart, Lorenz None None 25th day of February 19 60 V City Clerk anq Ex-Officio c Clerk of the City Council, City of Newport Beach, State of California.