appeal of order to abate weeds and litter – 14819 ... - City of Norwalk

CITY COUNCILAGENDA REPORTTO:FROM:Honorable City CouncilErnie V. Garcia, City ManagerDate: December 21, 2010BY:Kurt H. Anderson, Director of Community DevelopmentAnthony Weimholt, Building and Safety ManagerSUBJECT: PUBLIC HEARING - JANICE M. AND STEVE LOWE, 14819 DOMARTAVENUE (APN 8076-010-058) - AN APPEAL HEARING TO REVIEWTHE PROPERTY MAINTENANCE NOTICE TO DESTROY WEEDS ANDRANK GROWTH AND TO REMOVE OVERSIZE GROWTH OR LITTERFOR ABATEMENT OF A PUBLIC NUISANCEBackground:Chapter 8.28 of the Norwalk Municipal Code (NMC) requires that the owner or personhaving control of any private property maintain the premises free of weeds, litter andnoxious or rank growth. If the property is found to be in violation of this Chapter, theproperty is posted for weed and litter removal in accordance with the provisionsspecified therein.Section 8.28.020 of the NMC defines “litter” to include garbage, refuse, and rubbish.“Refuse” is further defined to include abandoned, wrecked or junked vehicles or vehicleparts and solid market and industrial wastes. “Rubbish” is further defined to include bothcombustible and non-combustible wastes such as paper, wrappings, cigarettes,cardboard, tin cans, yard clippings, leaves, metal, wood, glass, bedding, crockery andsimilar materials. These definitions authorize the process to be used for a wide range ofmaterials.If the property owner fails to abate the nuisance NMC Section 8.28.230 allows a dulyappointed City Official to enter upon any property to which a public nuisance is found toabate the nuisance.The City gives notice regarding necessary abatement of Weed and Litter by posting theproperty and by mailing a copy of the notice to the property owner. The NorwalkMunicipal Code allows the owner or person having control of said property to file within

City Council December 21, 2010Appeal Hearing – 14819 Domart Avenue Page No. 2five (5) days after proper notice is given, any objection of this abatement with the CityClerk’s office.The City Council, after hearing such objections, by motion or resolution, at theconclusion of the hearing, shall allow or overrule any objections. The City Council mayorder the City Official to abate the nuisance by entering upon the private Property, toabate and remove the same. The decision of the Council shall be final and conclusive.Discussion:The Property, which is located in the Residential Horse Property (R-H) Zone at 14819Domart Avenue, Norwalk (“the Property”), is a single-family residence with a detachedgarage.During the R-H Zone amendment process, violations at the property were noted, and aletter was sent on January 24, 2007 and a Community Enhancement Notice was senton March 11, 2007. Follow up inspections were not performed.As a result of recent complaints, Property Maintenance staff inspected the Property onNovember 23, 2010 and observed the building façade stored in the front yard setback,the recreational vehicles stored throughout the front and side yard areas, the lawngrowing over the curb face, and the trash cans in the front yard. Staff attempted tomake contact with the property owner, who stated that there was nothing wrong with hisproperty and requested that staff leave. On November 24, 2010 staff also observed theProperty from the public trail along the riverbed and observed various materials,furniture, metal, wood, plastic, and miscellaneous articles stored throughout the rearyard, including areas of overgrown vegetation, deteriorated structures, and/or buildingsand improvements that may have been constructed without permits.Since the nature of the complaint was for the material and vehicle storage, PropertyMaintenance staff determined that the Property constituted a public nuisance that mustbe abated, and the property was posted for weed & litter, junk, furniture, metal, etc. ANotice to Destroy Weeds and Rank Growths and To Remove Oversize Growths or Litterand a Notice of Violation and Order to Abate was sent to the assessed property owners,Janice M. & Steve Lowe. The notice advised the owners to abate the substandardconditions and clean the front yard, side yard of junk, trash, debris, furniture, metal, andto eliminate or remove all overgrown weeds, vegetation, fencing material anddiscarded/unused items throughout the property. In addition, the Property is currentlymaintained with other outstanding property maintenance violations, consisting ofrecreational vehicles improperly parked on an unpaved area, at the front of the propertyand outside storage of items in public view, including a stage facade of a building in thefront yard. The Property owner, Steve L. Lowe, protested the notice regarding the

City Council December 21, 2010Appeal Hearing – 14819 Domart Avenue Page No. 3abatement based on his opinion that his property is not in violation of “rank nordangerous vegetation” (see Attachment 1). The first part of the appeal indicates thatthe focus is on trash and overgrown weeds and goes on to indicate that all the vehiclesare parked on pavement and that there are no discards in the front or back yard. Mr.Lowe also indicates that he has a “collection” in his backyard that includes old wood andold metal. Staff’s opinion is that these articles are included in the Weed & Litterdefinitions included in the Municipal Code and subject to abatement.In summary, the City Council may determine that the property does not constitute anuisance, or the City Council may overrule the appeal and order the property owners toabate the nuisance. The City Council may also establish a different time frame for theproperty owners to complete the abatement.Fiscal Impact:If it should become necessary for the City to abate the nuisance, weed abatementexpenditures are included in the adopted budget. Additionally, the NMC provides forthe collection of all cost incurred.Citizens Advised:Notice of this hearing was posted at City Hall on December 9, 2010 and hand deliveredand mailed to the owner of 14819 Domart Avenue on December 10, 2010.Strategic Plan Implementation: N/AStaff Recommendation:Staff recommends the City Council deny the appeal, declare the property a publicnuisance, order the property owner to abate the nuisance within 30 days, and authorizethe City Manager to take necessary action to abate the nuisance should the propertyowner fail to comply with the Council’s order.Attachments:1. Letter from property owner in protest of Weed and Litter abatement2. Notice to Destroy Weeds and Rank Growths, Notice of Violation and Order toAbate dated November 24, 20103. Photos taken by staff dated November 24, 2010 and December 8, 2010

Nov. 302010To Whom it May ConcernI don't know where to start this is absolutely a bunch ofbaloney Mr. Alonso is ona Witch Hunt and I am who is after .There is no trash in my front yard now ,and there was none on the day Mr. Alonsowas here, my yard on the day Mr. Alonso was here may have been in a littledisarray ( 7 days after my Yard Sale, and the Day before Thanksgiving)· Buttheir was never any trash. He doesn't like the way I decorate so he has anobjection,This is just a few weeks before Christmas and everyone will be putting outChristmas decorations what are we going to do ifhe doesn't like them get acitationThere is absolutely no overgrown weeds, or vegetation in my front yard or myback I have done a complete inspection and have found none, he needs to quithis Witch Hunt I don't know what he is talking about and neither would you ifyou looked either.What the heck is he talking about discarded Items, there is no such thing in myfront or my back yard he just has no idea what he is doing, or the trouble he iscausing (or maybe he does) their were 2 broken chairs that I was throwing inthe trash on trash day , that is it and now their gone.All vehicles are parked on pavement as stated in the city codes, He stated as hewas leaving that "that boat has to go also" who does he think he is ,it wasparked legally in my driveway ,licensed Totally legal ,he has no right to make astatement like thatI have included a few pictures one ofa Cowboy Saloon Facade that is presently inmy front yard I am debating weather to do a cowboy themed Christmasdecorations. I don't know yet. This Facade is made out ofold Barn Siding,(which is very collectable) I made it for the Lakewood Sheriffs Dep. To use on adisplay at Lakewood Country Club 18 th hole in Honor Of Mr. Knabe SO IF ISGOOD ENOUGH FOR THEM IT IS GOOD ENOUGH FOR YOU It is not trash asMr. Alonso statesAs for my back yard it really shouldn't matter what's back their as long as it is notharmful to anyone, we have agriculture property, we live by special situations.!!What I have in my backyard is a collection, (which I have been collecting for 20years) of old wood, old metal, Antiques Items that I can use in the making ofmyArtist Projects I am what you would call a Primitive Artist where I take old junk

and make it into something valuable, a lot worth hundreds ofdollars, This hastaken me 20 years to collect and I have people besides myselfthat take someaway then I get more and my supply is replenished, this is a on going thing .thereis a very small amount oftrash in my back yard and it gets discarded each weekas my trash can allows I have also included a picture ofsome ofmyART so youcan see ,what I do , Like it or not it is what it is . And I am a very well knownArtist , This type ofArt is not for everyone, but it has a extremely, wide followingIn closing I have gone around to my Immediate neighbors and asked them iftheywould sign a statement that, My property is not in any way full ofovergrownweeds, trash, debris, etc. Also that my Property in NO way Shape or Form aNuisance you will also find that enclosed it only includes who I could get a holdofthis evening .Sincerely~~~VV\~~Ste L. Lowe148 9Domart AveNorwalk, Ca. 90650562- 863-4297

I .'"INoy 30, 2010page1~TO WOM IT MAY CONCERN"Steve and J~nice Lowe's Property at 14819 DomartAve Norwalk, Ca. 90650 is in no way a Nuisance , an toour observations has No. trash, Debris, overgrownweeds, etc in the front or rear yard We absolutely feelthat the PropertY is NOTa EYESORE and in No waycauses us any Danger or do we feel that it is aSubstandard Property and he keeps it maintained as. ! good as anyone in the neighborhoodSignedJd~~-_.........._--_.-._.._-_._--------_._---,............. " . ....-----­ -..( 2f g=:10 :o&m~~'Signe~....'..,," /':S::-:--­...~-- - .t, c.(r5lH};' Pd~(i/tr-p t( ... -.... ..signed---------------_._-_.._..,..-...... '~~.'~-_.......-.....-..1~,.I.r p~d:&r: 4kA' _..

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CITY OF NORWALKNCJTICE TO DESTROY WEEDS AND RANK GROWTHS AND TO'REMOVE OVERSIZE GROWTHS OR LITTERThe property to which this notice applies is the following:ADDRESS:!lftJ1 /7oMfldtl AVL, N6Itwq Jk, tJ} 1QttC~(AP.N. #[6=tb - OlD· aCE>Notice is hereby given that: Pursuant to Chapter 8, Sec. 8.28 of the Norwalk Municipal Code, providing for the elimination ofweeds, vines, brush, shrubs, grass, 'dry or dead palm fronds or litter growing upon or accumulated upon or in front of anyproperty and obstructing the use of sidewalks, parkways, or streets, or dangerous or injurious to neighboring property orJhehealth and welfare of residents of the vicinity, you are notified that the following conditions exist upon this property in violationof Iaw to wit: /1 J..t/ I >j J / J. / /1 ~ . I' /, l/iJCIItY@~(/l1l1J-(tLj {mJ 7 ~~fnJ~-t:~V

............ r.fI._ , ..Ir·::'.'~~~~;;;;",ftU_wnfl"n-,12700 NORWALK BLVD., P.O. BOX 1030, NORWALK, CA 90651-1 030 * PHONE 5621929-5700 * FACSIMILE: 5611929-5773 * WWW.CI:NORWALK.CA.USNOTICE OF VIOLATfONAND ORDER TO ABATEDate __II_'1-_'f_·I_tJ_.-_I--,-l/_'I_2-~· _ Case # {!A//} 702 () tJ 27S'TEVE/t(f?:f/ :r1lA//~E &tJwF Subject Property 1,/g/1 /)tJmrJ/ZrlJ em,4-/Z-r APN# 80 7? - CJ (tJ- 058Property Owner -y.Business Owner _Tenant Other-------­).... '

CITY OF NORWALKPROPERTY MAINTENANCE DIVISIONPHOTOGRAPHSPhotos Taken by: G. AlonsoADDRESS: 14819 Domart Ave. CASE # CN07020027DATE: 11/24/10 INSPECTOR: PMI Alonso

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CITY OF NORWALKPROPERTY MAINTENANCE DIVISIONPHOTOGRAPHSPhotos Taken by: G. AlonsoADDRESS: 14819 Domart Ave. CASE # CN07020027DATE: 12/08/10 INSPECTOR: PMI Alonso

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