HomeMy WebLinkAbout2004-13 - 1918 Dover Drive Public Nuisance• RESOLUTION NO. 2004 - 13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ORDERING OWNERS OF 1918 DOVER
DRIVE TO ABATE PUBLIC NUISANCE WITHIN 30 DAYS AND
DIRECT STAFF TO PURSUE ABATEMENT IF OWNERS FAIL
TO COMPLY
WHEREAS, on September 8, 2003, City staff inspected the property at 1918 Dover
Drive and found conditions which were in violation of City codes and requirements; and
WHEREAS, on October 17, 2003, City staff sent the property owners at 1918 Dover
Drive a Notice of Violation listing the conditions which were found to be in violation of
the City's codes and regulations, copies of photographs depicting the conditions and
seven days to correct the violations; and
WHEREAS, on October 24, 2003, City staff reinspected the property at 1918 Dover
Drive and found the conditions had not been corrected; and
WHEREAS, on October 27, 2003, City staff send the property owners a second Notice
of Violation listing the conditions which were in violation of the City's codes,
• photographs depicting the conditions, and gave an additional seven days to correct the
violations; and
WHEREAS, on November 3, 2003, City staff, reinspected the property at 1918 Dover
Drive and found that the conditions had not been corrected; and
WHEREAS, on November 10, 2003, City staff posted the property at 1918 Dover Drive,
and mailed, first class and return receipt requested, with Notice of Hearing to determine
if the property at 1918 Dover Drive was a public nuisance; and
WHEREAS, on November 24, 2003, a public hearing was held before a hearing officer
to make findings and recommendations on whether the property at 1918 Dover Drive
was a public nuisance; and
WHEREAS, on December 19, 2003, the hearing officer submitted his findings and
recommendations that the property constituted a public nuisance as defined by
Newport Beach Municipal Code Section 10.50 et. seq.; and
WHEREAS, on January 7, 2004, the City Manager, after receiving and reviewing the
findings and determinations of the hearing officer, and, after receiving and reviewing the
evidence submitted, both oral and documentary, issued findings that the property at
1918 Dover Drive constituted a public nuisance pursuant to Newport Beach Municipal
• Code 10.50 et. seq., and issued an Order of Abatement to abate the conditions by
February 2, 2004; and
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• WHEREAS, on January 20, 2004, the property owners at 1918 Dover Drive filed a
Notice of Appeal of the determination that the property was a public nuisance; and
WHEREAS, on February 3, 2004, City staff reinspected the property at 1918 Dover
Drive and found that the conditions constituting a public nuisance as set forth in the
findings had not been abated within the time specified; and
WHEREAS, on February 10, 2004, the City Council heard and considered the Appeal
of the property owners at 1918 Dover Drive that the property was a public nuisance and
the Order of Abatement, and, upon review and consideration of all of the evidence
submitted to the hearing officer, and, City Manager, and, following the submission of all
evidence at the public appeal hearing; and
NOW, THEREFORE, the City Council of the City of Newport Beach resolves:
1. There has been a long standing history of complaints concerning the conditions
of the property at 1918 Dover Drive, as well as prior and repeated determinations
that the condition of the property were not in compliance with various City codes
and regulations;
2. The property owners have been given sufficient and adequate notice in the past
• of the conditions which are in violation of the City's codes and regulations, and
which were to be corrected, and, sufficient and adequate time and opportunity to
make necessary corrections but have failed and refused to do so, and have not
otherwise kept the property in a condition of compliance with City codes and
regulations;
•
3. The property owners have been given sufficient and adequate notice of the
present conditions on the property that are not in compliance with City codes and
regulations, have been given color copies of photographs depicting those
conditions, and, sufficient and adequate time and opportunity to make necessary
and required corrections, but have failed and refused to do so in a timely fashion,
or at all;
4. The present conditions of the property, as shown by the evidence submitted to
the hearing officer, and, as presented to and considered by the City Manager, is
not in compliance with the requirements of Newport Beach Municipal Code
Section 10.50 et. seq., and therefore constitutes a public nuisance for the
reasons found and determined by both the hearing officer in his findings, and, as
determined by the City Manager as set forth in his findings;
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• 5. That the property owners have failed to submit any evidence at any point
throughout the process as to how and why the property is in the condition that it
is, or, as to how and why they have failed to correct and remedy the situation, or
otherwise keep the property in such condition that it is not in violation of City
codes and regulations;
6. That the property at 1918 Dover Drive is a public nuisance for the reasons and
on the basis as set forth in the findings and recommendations of the hearing
officer, and, as set forth in the findings of the City Manager dated January 7,
2004, both which are incorporated by reference;
7. That the property owners are hereby ordered to abate the conditions which
constitutes a public nuisance, as listed in the findings of the City Manager dated
January 7, 2004, within 30 days pursuant to Newport Beach Municipal Code
Section 10.50.090;
8. That should the property owners fail and refuse to abate the public nuisance at
1918 Dover Drive within 30 days, the City will abate such conditions pursuant to
Newport Beach Municipal Code Section 10.50.100;
9. That a report of the proceedings and an itemized account of the cost of
abatement of the public nuisance shall be prepared and filed with the City Clerk;
• 10. That as a result of the foregoing, the appeal of the property owners at 1918
Dover Drive is hereby denied.
ADOPTED this loch day of February, 2004.
ATTEST:
City Clerk
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MAYA
• STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2004 -13 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
10th day of February, 2004, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
• IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 11th day of February, 2004.
(Seal)
•
i
City Clerk
Newport Beach, California