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2010092001 - 100 LONGMEADOW DRIVEIoW N o,~ MEETING DATE: 9/20/10 «` ITEM NO: ~o~ 05 COUNCIL AGENDA REPORT DATE: SEPTEMBER 9, .2010 TO: MAYOR AND TOWN COUNCIL ~ A,A~ J FROM: MAZARIN A. VAKHARIA, DEPUTY TOWN ATTORNEY J~~ " SUBJECT: 100 LONGMEADOW DRIVE .RECOMMENDATION: ADOPT A RESOLUTION TO DECLARE THE CONDITION OF TIIE REAL PROPERTY AT 100 LONGMEADOW DRIVE A PUBLIC NUISANCE BACKGROUND: The condition of the property at 100 Longmeadow Drive poses an immediate risk to health and public safety. The property contains large amounts of wood, dry vegetation, and equipment, which provide fuel for a fire. The pool, which contains mosquito-eating fish, is not completely enclosed by a fence. The. property is currently in foreclosure, has not been inhabited for over a year, and has been scheduled for an auction sale. Town staff began working with the property owners in 2009. Between July and September 2009, Town Code Enforcement personnel worked with the owners to correct numerous Town Code violations. The property owner made initial improvements, such as removing large landscaping equipment and cutting some weeds. However, numerous violations of the Town Code and California Fire Code remain. The owners then vacated the property and surrendered possession to a lender. On' September 23, 2D09, the Town issued an administrative citation for violations of the Los Gatos Town Code and the California Fire Code. From September 2009 to August 2010, Town staff lost all contact with the property owners. The Town Attorney's Office became involved in the matter in June 2010, after Code Enforcement personnel could not contact the property owner. On July 28, 2010, neighbors met with Town staff to describe the urgent need to remove the fire hazard and secure the property, especially the pool. 1n response, Town staff cut weeds along the public right of way, but could not legally enter the property to alleviate all other dangers. PREPARED BY: MAZARIN A. VAKFIARIA, DEPUTY TOWN ATTORNEY C:\Users\nwakharia\Deskfop\Longmeadow\Town Council Staff Report:doc Reviewed by: Town Manager Assistant Town Manager Clerk Administrator Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT; 100 LONGMEADOW (INSERT DATE) The Town Attorney's Office filed a petition for an Inspection Warrant, which the Superior Court issued on August 18, 2010. Upon receipt of the Notice, the property owner re-engaged and cooperated when Town officials served the Inspection Warrant on August 24, 2010. The inspection revealed numerous dangerous conditions, which must be abated. Because the property owner is about to lose the home to foreclosure, he does not have the means to correct the violations. DISCUSSION: At this point, the Town's options include: (1) maintaining the status quo - or essentially doing nothing; (2) waiting until the auction sale to see if the new owner steps forward; or (3) proceeding with abatement action. California Government Code section 38773.5 authorizes legislative bodies to enact ordinances for nuisance abatement. Los Gatos Municipal Code section 1.10.100 authorizes the Town Council to declare a public nuisance which may be abated by Town action. Once abated, the law authorizes a lien against the property to recover the cost of the abatement, similar to a tax assessment lien. This is a very well-maintained neighborhood. The subject property is located on the corner as one enters the neighborhood, presenting visual blight as well as the more serious public safety issues. Waiting to learn whether the house gets sold, and thereafter, whether the new owner will cooperate may not be a good response to neighbors who have been waiting patiently for a resolution. More importantly, the safety issues, particularly during fire season, continue to present an unacceptable threat. RECOMMENDATION: Staff recommends that the Council adopt the resolution declaring the property to be a public nuisance. ENVIRONMENTAL ASSESSMENT; The recommended action is not subject to CEQA. Attachments 1. Three photographs of the property at 100 Longmeadow Drive 2. Resolution of the Town Council of the Town of Los Gatos to Declare the Condition of the Real Property at 100 Longmeadow Drive A Public Nuisance ~~ ~~'` ''~; ' ~~ 4~ ' g~; ~~ r. ~` JS F s, i ift f i t 7„ 2. ~,~~~ :~, ,11 ~-~ ~ t n't ~~~ ~ i~ ~~ 7 I ~'~ i. ~ ~ ~ ~r c ~. ~ ~I I >\ 1~~.~~ ~~ i~ it ~~ ~'(7l1 ~7; i~ a ~ ~ ,~ ', ~; ~, 7 ~ ~ ~ frt ~, v ~ _ ~~,j t r3 .y i g1 - r ,~7 ~l 14 ll ~~~ ~ k ~q ~ ~ ~~~~ ~~~ ~ \ f t ~ ~ t gf'itll ~~ 1t fE i f P 1 F f ~ c V t f~~ iki ~ . i., ! c~) 6w d I ~ Ef; ~ ~ ` }+~ ~ ` i-{idl~l+T ~ ''LL zt~ ~ 5 ~ i ~ ~~'~ ~ .~ i ~ ~ ~. l i. ~ en~r~ - nr ti . J ~A ~ cz+~ 1- 7 I I~ 7 f1,~, i^ ;j~' i~y~a y~ ,'.frST c3!•~~ ~: ; ~ h14j~I~p f. a„ ` ~ ~~ ~r }~ ~_ ~. - - A'i .tif% i T I ~ ~ :~ j ~ t r ~' _ r ~ 5 } ti ~ { 3 ~r .. ~l ~ i ` , S ~ ~ 1 ! ~ ~~ ~ x~ ~ U c ~, ~ , ~ ~~ ~ i fi ~ i i ~~y~~l ~ ~ t f I A~ ~ - - ~~ .~J'Q ST w,_ ~rlt ;F Y . _ 171 ~ , 5.? i~T .'` i ~ l ~ y_ i. 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RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO DECLARE THE CONDITION OF THE REAL PROPERTY AT 100 LONGMEADOW DRIVE A PUBLIC NUISANCE RECITALS 1. The property at 100 Longmeadow Drive poses an immediate danger to public health and safety, as determined by Town Code Enforcement personnel and the Fire Marshal during a court- ordered inspection of the premises on August 24, 2010. 2, California Government Code section 38773.5 authorizes legislative bodies to enact ordinances for nuisance abatement. Los Gatos Municipal Code section 1.10.100 authorizes the Town Council to declare a public nuisance, which may be abated by Town action. RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos hereby declares the condition of the real property at 100 Longmeadow Drive, Los Gatos, California to be a public nuisance. PASSED AND ADOPTED at a _ Los Gatos, California, held on the day of vote; COUNCIL MEMBERS: AYES: NAYS: ABSENT.: ABSTAIN: meeting of the Town Council of the Town of 2010 by the following SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMENT 2