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HomeMy WebLinkAbout4992 - Public Nuisance AbatementWWC:mec 5/11/59 fLL .a RESOLUTION NO. y9y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE ABATEMENT OF A Ask PUBLIC NUISANCE VV WHEREAS, the chief building official of the City of Newport 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 and the Uniform Building Code of the City of Newport Beach, respectively, did cause certain buildings to be posted and the owner of same to be notified that said build- ings 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 mentioned and said Uniform Building Code, said official did cause a "Notice to Abate Nuisance" to be posted on the form provided by law; and WHEREAS, said buildings have not been repaired or removed as required by the building official; and WHEREAS, the owner of said buildings was notified to appear and did appear in person and by counsel at the hearing on the 23rd day of March, 1959; 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, the following appears: (a) There are two two -story buildings on one lot 27r x • 951, in which are located ten apartments and two garage spaces, • located at 806 East Ocean Front within the City of Newport Beach, and owned by Mrs. Dorothy Phoenix, which buildings are unfit for human habitation or occupancy for the reason that the following deficiencies exist: 1. The wiring to lights and plug outlets is principally lamp cord wiring nailed and stapled to the walls and ceiling, and additional wiring is dilapidated by reason of defective and deteriorated insulation and of inadequate and dangerous design and construction. • 1W • 2. Portions of the flooring in said buildings are not nailed to the floor joists. 3. A hot water heater is located in a bedroom. 4. A hot water heater vent has a hole located near the outside wooden wall. 5. Windows in toilet rooms cannot be opened. 6. Kitchen ranges are not equipped with shut- off valves on the gas lines. 7. Kitchen ranges are not vented to the out- side air. 8. Some sleeping rooms are separated from baths only by curtain covering. 9. Storage closets are located under stairways which provide no fire separation to protect the underside of the stairs. 10. Water faucets in kitchen sinks are defect- ive and leaky. 11. The exterior walls of the buildings are of single wall construction and are deteriorated and separated so that the living quarters are not protected from the weather. 12. Windows in some apartments are undersized and provide insufficient ventilation, and in some instances cannot be opened. 13. Windowpanes are broken and have not been replaced. 14. Portions of the buildings were added after 1923 and do not comply with the requirements of the State Housing Act. 15. Windows from certain apartments open onto public corridors and are not constructed or equipped to afford fire protection. 16. Floors in bathrooms are not covered with nonabsorbent materials. 17. Door and window screens are rusted out. 18. Mudsill foundation has rotted out. 19. Foundation studs and piers are heavily damaged by dry rot and pest infestations. 20. A space under the floor is cluttered with combustible and waste materials. 21. The floors are uneven and are not level as a result of the building sagging and settling approximately six inches. 22. Exterior stairs and landings have settled and are unlevel by approximately six inches. 23. The roof leaks in certain areas. 24. Rugs in the apartments are rotted. 0 n LJ u • 25. Plumbing fixtures are rusted, deteriorated and leaky. 26. Sections of the ceiling are not nailed to ceiling joists. 27. Linoleum floor coverings are deteriorated. 28. Certain windows and doors will not close tightly and cannot be opened due to settling of the building. 29. Stairways and corridors are not provided with adequate illumination. 30. A storage compartment exists under an exterior stairway and is not constructed of fire resist- ive materials. 31. The garage ceiling and walls are not protected with any fire resistive materials to separate said garages from apartment units. 32. The stairway leading to the apartment above the garage is hazardous because of construction, deteriora- tion and inadequate width. 33. Gas outlets are provided to serve unvented space heaters and no vents are provided to serve such appliances. 34. A toilet -room door opens directly into a cooking area. 35. Cooking and sleeping facilities are pro- vided and permitted in the same room. 36. A shower is provided outside of the building and is unsanitary, and its plumbing fixtures are deteriorated. 37. Termites, beetles and dry rot have infested structural members in the garage that support the second floor. 38. Plumbing vents on the outside of the building have rusted through and are patched with mastic material. 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 unfit for human habitation or occupancy for the reasons heretofore set forth in this resolution, and does hereby direct the owner to abate said buildings within thirty days after the date a copy of this resolution is posted on said buildings. • qW • b BE IT FURTHER RESOLVED that it is the conclusion of the City Council that said buildings cannot practically or econom- ically be reconstructed or repaired in a manner to be made safe and fit for human occupancy and so as to comply with the require- ments of the State Housing Act and the Building 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. BE IT FURTHER RESOLVED that if the owner of said build- ings nevertheless wishes to undertake the reconstruction and repair of said buildings she may do so within thirty days after a copy of this resolution is posted on said buildings, provided said repair and reconstruction are pursued continuously and diligently until completed, and provided that said owner does all of the following: a. Within thirty days after said posting, apply for and thereafter obtain a use permit from the Planning Commission of the City. b. Obtain a building permit from the Building Department of the City. C. Remove all debris from the underfloor area. d. Replace all structural timbers infested with fungus, beetles, termites, dry rot or other similar condi- tion. e. Level the floors and support the exterior walls on a continuous concrete foundation. f. Support girder posts on concrete piers. g. Ventilate the underfloor area to comply with Section 2516(a) of the Uniform Building Code. h. Reconstruct the exterior stairs to conform to the Uniform Building Code requirements as set forth in Chapter 33 thereof. i. Remove the hot water heater from the bedroom. J. Vent all gas -fired appliances. k. Re -nail the kitchen floor and ceiling which are loose. 1. Provide one -hour fire resistive construction for all storage compartments located under stairways. M. Completely weatherproof all exterior walls. n. Repair and reconstruct all doors and windows so that they will open freely and close tightly. 1W o. Install shut -off valves on all gas -fired appliances. p. Install doors in toilet -room doorways that open on sleeping rooms. covering. q. Provide bathroom floors with nonabsorbent r. Repair all leaky roofs on both buildings. S. Replace or repair all plumbing fixtures, sink traps, vents or other plumbing fittings that are de- fective or deteriorated. t. Replace all broken windowpanes. U. Provide illumination for stairways and cor- ridors to meet the requirements of the State Housing Act. V. Install exit signs. W. Repair roof deck around second floor garage apartment. X. Cap off all gas outlets designed or avail- able to serve unvented space heaters. Y. Provide one -hour fire resistive construction on side walls and ceiling of garage. Z. Remove cooking facilities from sleeping rooms. aa. Provide each room occupied or available for living or sleeping purposes with not less than eight square feet of window area. bb. Protect wooden walls in shower areas with nonabsorbent materials. CC.. Rewire both buildings to comply with the Electrical Code. dd. Provide second means of egress from the second floor. ee. Make all repairs in compliance with the pro- visions of the State Housing Act and the Uniform Building Code applicable to the repair of buildings under the administration of the Director of Building and Safety of the City of Newport Beach. This resolution was adopted by the City Council of the City of Newport Beach at a regular meeting on the 11th day of May, 195§', �y >,the following vote, to wit: - AYES, COUNCILMEN: ATTEST::,, Al City Clerk NOES, COUNCILMEN: k-V _ • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH ) SS 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 No. 4992 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 11th day of May , 19597 by the following vote, to wit: AYES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None AB6hVT, COUNCILMEN: None Dated this 12th day of 0 1959• City Clerk dnd Ex- Officio erk of the City Council, City of Newport Beach, State of California. 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