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Home My WebLink AboutReso 157-2021 (21-643)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 157-2021 File Number: 21-643 Enactment Number: RES 157-2021 RESOLUTION CONFIRMING AND APPROVING THE EMERGENCY NUISANCE ABATEMENT COST REPORT AND CERTIFYING A SPECIAL ASSESSMENT AGAINST REAL PROPERTY LOCATED ON WESTBOROUGH BLVD. BETWEEN OAKMONT DR. AND GALWAY PL. (APN 091-022-030) FOR COLLECTION OF ABATEMENT COSTS AMOUNTING TO $35,958.97. WHEREAS, the South San Francisco Municipal Code ("SSFMC") establishes standards to protect the health and safety of the community; and WHEREAS, South San Francisco Code Enforcement is tasked with addressing violations of the SSFMC, to ensure the health and safety of the community; and WHEREAS, the subject parcel is vacant real property located on Westborough Blvd. between Oakmont Dr. and Galway Pl. and identified as APN 091-022-030 (the "Property"). The Property has been the subject of Code Enforcement action since 2017 following multiple complaints regarding hazardous issues on the property; and WHEREAS, Code Enforcement staff has conducted multiple inspections and identified multiple public nuisance conditions, including accumulated litter, debris, and dead and dying trees and overgrown weeds and vegetation, all of which are unsightly and a danger to public safety and welfare, including posing hazards to pedestrians, motorists, utility service and emergency personnel, detrimental to neighboring property or property values, and/or growing in the public right-of-way; and WHEREAS, Code Enforcement staff sent several notices and letters to property owner FAS TEAM LLC ("Owner") requesting code compliance on the Property and the Owner failed to bring the property into compliance; and WHEREAS, the overall condition on the Property remained in violation of the SSFMC, continued to deteriorate, and code violations continued to mount over several years; and WHEREAS, at the point at which it was determined that conditions on the Property posed an immediate threat to the health and safety of the public, particularly because of the threat of fire because of condition of vegetation, the City Manager ordered summary abatement pursuant to SSFMC Section 8.54.150; and WHEREAS, on May 4, 2021, staff mailed the Owner a Notice to of Summary Abatement, a copy of which is attached hereto as Exhibit B; and City of South San Francisco Page 1 File Number: 21-643 Enactment Number: RES 157-2021 WHEREAS, due to Owner's failure to comply and the aforementioned immediate hazardous conditions, City staff and contractors summarily abated the public nuisance on July 2, 2021; and WHEREAS, the emergency abatement activities undertaken by the City and as described herein were carried out to protect the health, safety and welfare of the community; and WHEREAS, in pursuing compliance and abating the nuisance condition and conducting the activities described in the staff report relating to this matter, the City incurred costs related to identifying, documenting and abating the nuisance conditions; and WHEREAS, the City is entitled to recover its costs of nuisance abatement pursuant to and in accordance with state law and SSFMC Chapter 8.54; and WHEREAS, the costs incurred by the City to perform the emergency abatement are set forth in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, the City gave due and proper notice of the costs of abatement activities and advised the Owner regarding their right to object to said costs, and of the City's intention to recover costs by special assessment pursuant to Government Code Section 38773.5; and WHEREAS, the City Council now seeks to confirm the costs to abate the nuisance, and certify the special assessment to recover the costs in accordance with state law and SSFMC Chapter 8.54. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby: 1. Approves the Cost Report attached as Exhibit A and finds that the report truly and accurately reflects actual costs incurred by the City in abating the nuisance conditions existing at the Property. 3. Finds that the costs incurred by the City in this matter are reasonable and were necessary for the health, safety and welfare of the community. 4. Orders that the abatement costs attached as Exhibit A, and amounting to $35,958.97, be collected as a special assessment against the Property. 5. Directs staff to record a copy of this Resolution in the Office of the County Recorder of the County of San Mateo, and the amount chargeable to the Property as indicated in the Exhibit A shall constitute a special assessment against the Property in accordance with California Government Code Section 38773.5 and South San Francisco Municipal Code Section 8.54.305. 6. Directs staff to deliver a copy of this Resolution to the San Mateo County Auditor -Assessor's office to secure payment of abatement costs by special assessment and collection on the County's property tax roll. At a meeting of the City Council on 8/25/2021, a motion was made by Mark Nagales, seconded by Buenaflor Nicolas, that this Resolution be approved. The motion passed. City of South San Francisco Page 2 File Number: 21-643 Enactment Number: RES 157-2021 Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember Coleman, and Councilmember Flores Attest by w L IL sa Govea Acosta, City Clerk City of South San Francisco Page 3 EMERGENCY NUISANCE ABATEMENT COST REPORT Owner: FAS TEAM LLC APN: 091-022-030 Violation Address: Strip of Land on Westborough Blvd South San Francisco, CA 94080 CE Case Number: CE20-0351 Cost Category Contractor Invoices Administrative Cost /Staff Time Attorneys' Fees Total Cost: 3854757.1 Cost Amount Description of Cost $32,654.00 See attached invoices $249.77 Hours worked x Hourly Rate (i.e. issuing permits and notices, conducting inspections) -- .. ---....... - --------- ------- -------- Legal research and analysis, drafting notices and documents, advising code- enforcement staff $1,455.20 $35,958.97 NOTICE OF SUMMARY ABATEMENT 19 Code Enforcement 550 North Canal Street So. San Francisco, CA 94080 Office: (650) 829-6682 Fax: (650) 877-8665 FAS TEAM LLC 2015 S TUTTLE AVE SARASOTA, FL 34239 TO PROPERTY OWNER: Violation Address: Strip of Land on Westborough Blvd South San Francisco, CA 94080 CE Case Number: CE20-0351 Issue Date: May 4, 2021 Officer: EDGAR ARIAS ❑ Personal ® Regular Mail ® Certified Mail Number: 7020-1290-0000-9277-0790 ® Posted The City of South San Francisco has repeatedly notified you that your property APN # 091022030 is in violation of the South San Francisco Municipal Code (SSFMC), including most recently a Notice to Abate the Public Nuisance issued on March 3, 2021. The City's prior notices, dating back to 2017, declared your property a public nuisance and granted you repeated opportunities to correct the violation. Despite multiple attempts to contact you, the City has received no response. The City conducted another inspection on MAY 4, 2021. Your property remains in violation of SSFMC section 8.54.070, subsections: (a)(2) Accumulation of dirt, sand, gravel, concrete, litter, debris or other similar material on the property which is visible from the street. (b)(1)/ (2) Dead, decayed, diseased or hazardous trees, weeds, or other vegetation constituting an unsightly appearance, danger to public safety and welfare, detrimental to neighboring property or property values, or growing in the public right-of-way. You were previously notified to bring your property into compliance with the SSFMC and to this date, you have failed to comply. The City has determined that, pursuant to SSFMC section 8.54.150, the outstanding violations on your property pose an imminent or immediate danger to the health or safety of the public requiring summary abatement by the City. The trees are dead, decaying, diseased, hazardous, leaning and/or posing a danger to the public safety and welfare, including presenting a fire hazard and hazards to roadway traffic and adjacent residential properties. The conditions require the City to act immediately to abate the public nuisance. YOU ARE HEREBY NOTIFIED THAT in order to safeguard the public, the City will take the corrective actions necessary to eliminate the immediate threat to the public health and safety by summarily abating the public nuisance on your property on or after MAY 19, 2021. YOU ARE FURTHER NOTIFIED THAT the City will charge you for the costs incurred by the City in its efforts to abate said nuisance pursuant to SSFMC section 8.54.200. This includes all related staff time associated with the nuisance abatement action and consultant services as deemed necessary by the City. Upon abatement by the City, you will receive an invoice and summary of enforcement costs associated with abating the nuisance and processing of the case pursuant to SSFMC section 8.54.300. At the time and place fixed for receiving and considering the cost report, you will have the opportunity to raise any objections to the City Council. The City Council will hear a summary of the cost report and any objections thereto, at which time they may make such modifications to the cost report and/or confirm the cost report by order of the City Council. If you fail to pay the invoiced amount in the order, the City will impose a lien or assessment against your property to recover any unpaid charges pursuant to SSFMC section 8.54.305. Your cooperation in this matter would be greatly appreciated. Should you have any further questions you may contact me Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. EDGAR ARIAS Code Enforcement Officer Phone: (650) 829-4609 Email: [email protected]