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AGENDA RECOMMENDATION |
5.B.
City Council Regular Meeting
- Meeting Date:
- 10/15/2024
Agenda Item:
Resolution approving abatement agreement and authorizing the abatement of code violations and public nuisances at 312 Hubbell Avenue.
Recommendation/Action(s):
Adoption of the attached resolution/agreement.
Summary:
Staff have received numerous complaints regarding the condition of 312 Hubbell Avenue. The property was sold on a contract for a deed by Sandra and Norman Weston (“Owners”) to Alastair Weston (“Resident”) who currently resides at the property. The City has been working with the property owners and the resident to remedy the ongoing issues at the property.
Staff approached the resident in March 2024 and with his consent inspected the property and noted the existing nuisance conditions. On June 6, 2024, the resident told staff that he intended to resolve the issues on the property by June 8, 2024. The nuisance conditions were not remedied and a First Notice to Abate Nuisance at the Property was sent on June 12, 2024. On June 28, 2024, staff reinspected the property and found that the nuisance conditions had worsened. A Second Notice to Abate Nuisance at the Property was sent on July 5, 2024. The property was again inspected on July 16, 2024, and City staff found that the nuisance conditions persisted.
Currently, the front and backyard of the property are littered with refuse and many items, including dishes, clothing, indoor furniture, blankets, and books, are being stored in the front and backyard of the property.
On August 16, 2024, a letter was sent to the owners and the resident summarizing the City’s ongoing efforts to abate the nuisance conditions on their property and asking them to sign an Abatement Agreement and a Consent to Enter, Inspect, and Abate.
The Consent to Enter, Inspect, and Abate, gives the City the right to immediately enter the property to inspect, obtain estimates, and abate the nuisance conditions. It also authorizes the City to assess the cost of the abatement to the property.
The Abatement Agreement sets a deadline for removal of all nuisance conditions on the property by Friday, September 20, 2024. The Agreement further states that if the resident and owners fail to remove the nuisance conditions by September 20, 2024, the City is authorized to enter into the property to inspect, receive quotes for an abatement, and perform an abatement of the nuisance conditions on the property. Further, the Abatement Agreement states that the City is authorized to assess any expenses it incurs in performing the nuisance abatement to the property, and that the owners and resident may not contest the assessment.
The owners and the resident signed both the Abatement Agreement and the Consent to Enter, Inspect, and Abate on August 28, 2024, and August 19, 2024, respectively.
The conditions of the property have not improved subsequent to the signing of the Abatement Agreement, and Consent to Enter, Inspect, and Abate, despite staff’s continued effort to work with the resident and owners.
Recommendations
Staff recommends The City Council approves the Abatement Agreement previously signed by the Owners and the Resident. Staff further recommends that the Council direct staff to perform all necessary steps to perform the abatement of the nuisance conditions on the property.
Staff approached the resident in March 2024 and with his consent inspected the property and noted the existing nuisance conditions. On June 6, 2024, the resident told staff that he intended to resolve the issues on the property by June 8, 2024. The nuisance conditions were not remedied and a First Notice to Abate Nuisance at the Property was sent on June 12, 2024. On June 28, 2024, staff reinspected the property and found that the nuisance conditions had worsened. A Second Notice to Abate Nuisance at the Property was sent on July 5, 2024. The property was again inspected on July 16, 2024, and City staff found that the nuisance conditions persisted.
Currently, the front and backyard of the property are littered with refuse and many items, including dishes, clothing, indoor furniture, blankets, and books, are being stored in the front and backyard of the property.
On August 16, 2024, a letter was sent to the owners and the resident summarizing the City’s ongoing efforts to abate the nuisance conditions on their property and asking them to sign an Abatement Agreement and a Consent to Enter, Inspect, and Abate.
The Consent to Enter, Inspect, and Abate, gives the City the right to immediately enter the property to inspect, obtain estimates, and abate the nuisance conditions. It also authorizes the City to assess the cost of the abatement to the property.
The Abatement Agreement sets a deadline for removal of all nuisance conditions on the property by Friday, September 20, 2024. The Agreement further states that if the resident and owners fail to remove the nuisance conditions by September 20, 2024, the City is authorized to enter into the property to inspect, receive quotes for an abatement, and perform an abatement of the nuisance conditions on the property. Further, the Abatement Agreement states that the City is authorized to assess any expenses it incurs in performing the nuisance abatement to the property, and that the owners and resident may not contest the assessment.
The owners and the resident signed both the Abatement Agreement and the Consent to Enter, Inspect, and Abate on August 28, 2024, and August 19, 2024, respectively.
The conditions of the property have not improved subsequent to the signing of the Abatement Agreement, and Consent to Enter, Inspect, and Abate, despite staff’s continued effort to work with the resident and owners.
Recommendations
Staff recommends The City Council approves the Abatement Agreement previously signed by the Owners and the Resident. Staff further recommends that the Council direct staff to perform all necessary steps to perform the abatement of the nuisance conditions on the property.