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Home My WebLink AboutRecorded Doc 2017-409 Recording requested by and 2017-0264988 2017-409 When recorded, return to: 06/28/2017 04:15 PM Fee: $ 0.00 Page 1 of 7 Office of the City Clerk Recorded in Official Records City of Cathedral City County of Riverside Peter Rldana 68-700 Avenida Lalo Guerrero Assessor-County Clerk-Recorder Cathedral City, California 92234 11115.MMOMY11111 With a copy to: Code Compliance Division R A Exam: '-- City of Cathedral City Page DA PCOR Misc Long RFD 1st Pg Add Pg Cert CC 68-700 Avenida Lalo Guerrero Cathedral City, California 92234 SIZE NCOR SMF c-19,T: RECORDATION OF THIS INSTRUMENT IS EXEMPT FROM ALL FEES AND TAXES PURSUANT TO GOVERNMENT CODE SECTION 27383 ABATEMENT COST REPORT (Municipal Code Section 13.120.030) On numerous occasions, commencing on May 13, 2013, the City of Cathedral City (the "City") performed inspections of real property located at 27650 Avenida Terrazo, referenced by Assessor's Parcel Number 677-173-053, and legally described as LOT 63 OF TRACT 2204 AS PER MAP RECORDED IN BOOK 41, PAGES 67 THROUGH 71 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY,(the"PROPERTY"). Upon each of those inspections, the City observed multiple violations of the Municipal Code and Health and Safety Code, including: 1. No electrical service to the property,resulting in a lack of adequate heating, lack of functioning ventilation equipment, lack of required electrical lighting, and lack of functional mechanical equipment. [Violation of Health and Safety Code sections 17920.3(a)(6), (a)(7), (a)(10), and(f).] 2. The main electrical service panel was in disrepair, the dead front cover is missing, the electrical panel has been illegally tampered with, and the feeder conductors have been damaged. [Violation of Health and Safety Code section 17920.3(d).] 3. Lack of water service to the property,resulting in a lack of working plumbing. [Violation of Health and Safety Code sections 17920.3(a)(5) and(e).] 4. Lack of gas service to the property. [Violation of Health and Safety Code section 17920.3(a)(5).] 1 RIV#4831-91944266 vl • 5. The kitchen sink was in disrepair. [Violation of Health and Safety Code section 17920.3(a)(3).] 6. The kitchen base cabinet was completely destroyed, and mold appears to be present. [Violation of Health and Safety Code sections 17920.3(a)(13) and(a)(14).] 7. The hot water heater is missing the fire box cover. [Violation of Health and Safety Code section 17920.3(e).] 8. The HVAC system has been tampered with and is not functioning. [Violation of Health and Safety Code sections 17920.3(a)(7) and(f).] 9. A return air register vent is hanging from the ceiling in the hallway, creating both a safety hazard and rendering the air-handling function ineffective. [Violation of Health and Safety Code section 17920.3(a)(14).] 10. The garage door is not working. [Violation of Health and Safety Code section 17920.3(a)(14).] 11. Maintaining the property in a state of general dilapidation and improper maintenance, including,but not limited to, numerous damaged walls, doors, door jams, and ceiling in the interior of the residence, and missing light switch and outlet covers. [Violation of Municipal Code section 13.80.115; Health and Safety Code section 17920.3(a)(14).] 12. Excessive accumulation of storage around the water heater and Forced-Air Unit(FAI), which poses a fire hazard. [Violation of Municipal Code section 13.80.135; Health and Safety Code sections 17920.3(c) and (j).] 13. An accumulation of household items and junk on the exterior of the residence near doors and windows, which is a fire and safety hazard and danger to occupants in that emergency egress is blocked. Additionally, it closed the required natural light and ventilation from entering the residence. [Violation of Municipal Code sections 13.80.115(e) and 13.80.135; Health and Safety Code sections 17920.3(a)(8), (c), and(1).] 14. Emergency egress is blocked from at least one of the bedrooms,the living room, and the dining room. [Violation of Municipal Code section 13.80.135; Health and Safety Code sections 17920.3(c) and(1).] 15. Vast accumulation of household items, furniture,junk, miscellaneous items, and combustible materials in the rear yard that is piled higher than the 6' fence, covers an area of 10 to 15 feet along the fence, and can be viewed from the public right-of-way. This constitutes a fire hazard and a habitat for insects and rodents. [Violation of Municipal Code sections 13.80.070, 13.80.115(e), and 13.80.135; Health and Safety Code sections 17920.3(c) and(j).] 16. The bathroom on the northeast corner of the residence was constructed without the required permits and approvals. [Violation of 2013 California Building Code section 105.1 (as adopted by Municipal Code section 8.04.010); Municipal Code section 13.80.105; Health and Safety Code section 17920.3(c).] 2 RIV#4831-9194-4266 vl 17. The patio cover to the rear of the residence was not only constructed without the required permits and approvals, it was also severely damaged from water and/or termites. [Violation of 2013 California Building Code section 105.1 (as adopted by Municipal Code section 8.04.010); Municipal Code sections 13.80.105 and 13.80.195; Health and Safety Code sections 17920.3(a)(14) and(c).] 18. There is a patio that is illegally enclosed with walls. [Violation of 2013 California Building Code section 105.1 (as adopted by Municipal Code section 8.04.010); Municipal Code sections 13.80.105 and 13.80.195; Health and Safety Code sections 17920.3(a)(14) and(c).] 19. Two above-ground spas were illegally installed, including electrical and plumbing, without the required permits and approvals. [Violation of Health and Safety Code sections 17920.3(c), (d), and(e).] 20. Outdoor storage of inoperative vehicles for more than two days, which are visible from the street or other public or private property. [Violation of Municipal Code section 11.80.160.] Each of these conditions constituted a public nuisance and posed a risk of harm or injury to property and to the health, safety and welfare of the citizens of the City pursuant to the Cathedral City Municipal Code. After multiple attempts to gain compliance, the case was referred to the City Attorney's office. On August 22, 2016, the City Attorney's Office sent a compliance letter to the owner regarding the violations. On September 12, 2016, a Final Notice of Public Nuisance and Order to Abate was issued to the property owner ordering the owner to correct the violations within thirty days. The City did not receive any appeal of the Notice and Order and the owner failed to abate the public nuisance conditions on the Property. On February 7, 2017 a Second Notice of Public Nuisance and Order to Abate was issued to the property owner ordering the owner to correct the violations within seven days. The City did not receive any appeal of the Notice and Order and the owner failed to abate the public nuisance conditions on the Property. On March 10,2017,a Notice of Public Nuisance Conditions was sent to the owner, advising of the violations and attaching the previous notices. The owner still failed to abate the public nuisance conditions on the Property. The City determined that the following person(s) responsible for causing and/or maintaining the above-referenced public nuisance conditions: Federal National Mortgage Association Melissa Casale The City determined that the remedial actions taken and listed below were the minimal and most reasonable and feasible actions necessary for the City to abate the conditions causing the public nuisances on the property. As a result of the necessary proceedings instituted by the City, the City incurred certain expenses 3 RN#4831-9194-4266 vl with regard to its actions. The following is an itemized list and description of the work performed by the City and all costs associated with the City's actions: STAFF HOURS Numerous inspections and 5/13/13- preparations of reports, Present correspondence and 47.23 74.00 3,495.02 administrative citations regarding property Date Description Cost 05/13/13- Cost of Administrative Citations issued for code violations. 11,088.00 Present 08/09/16 - Cost of City Attorney—Including preparation of pleadings and associated 14,783.54 Present documents; preparation of letters and other communications with city staff, property owner, and others; legal research regarding abatement procedures and service or petition by publication; and City Attorney expenses such as photocopies;computer legal research expenses;title reports; publication expenses; etc. The City has determined that the amount of$25,871.54 is accurate and reasonable for the minimal and most reasonable and feasible actions necessary to immediately abate the public nuisance conditions existing on the Property. Please be advised that you have the right to appeal the amount and reasonableness of the costs set forth in this Abatement Cost Report and/or the City's determination that its actions were the minimal and most reasonable and feasible actions necessary to abate the nuisance conditions existing on the Property. You may appeal said costs and/or determination by filing a written appeal with the City Clerk at City Hall, City of Cathedral City, located at 68-700 Avenida Lalo Guerrero, Cathedral City, California 92234,within ten (10) calendar days from the service date of this Abatement Cost Report. The form to appeal the Abatement Cost Report is available at the City of Cathedral City Code Compliance Division. YOUR FAILURE TO TIMELY AND PROPERLY FILE A COMPLETE APPEAL SHALL CONSTITUTE A WAIVER OF ALL RIGHTS TO AN ADMINISTRATIVE APPEAL HEARING AND ADJUDICATION OF THIS ABATEMENT COST REPORT OR ANY PORTION THEREOF. IF YOU FAIL TO FILE A TIMELY APPEAL, THE DETERMINATION THAT YOU ARE RESPONSIBLE FOR THE ABATEMENT COSTS SHALL BE DEEMED FINAL ON THE SERVICE DATE OF THIS ABATEMENT COST REPORT. Payment of the Abatement Costs set forth above shall be made no later than thirty (30) 4 RN#4831-9194-4266 vl calendar days from the date upon which this Abatement Cost Report becomes final. Payment can be made by sending a check, money order or cashier's check made payable to the CITY OF CATHEDRAL CITY,Attention Code Compliance Division—Officer Sandra Martinez, 68700 Avenida Lalo Guerrero, Cathedral City, Ca 92234. Payments may also be made in person at City Hall, City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, California 92234. THE AMOUNT OF THE ABATEMENT COSTS INDICATED ABOVE IS A CIVIL DEBT OWED TO THE CITY. FAILURE TO PAY THE ABATEMENT COSTS MAY RESULT IN LEGAL ACTION BEING TAKEN AGAINST YOU IN ACCORDANCE WITH SECTION 13.30.030 OF THE CATHEDRAL CITY MUNICIPAL CODE OR IN A SPECIAL ASSESSMENT RECORDED AGAINST THE PROPERTY. PURSUANT TO MUNICIPAL CODE SECTION 13.120.015, THE CITY, AS PREVAILING PARTY, WILL ALSO BE ENTITLED TO RECOVERY OF ATTORNEYS' FEES INCURRED IN THIS MATTER. Dated: one ZO 17 a . Air '- Linda Human, Code Compliance Officer I 760-202-2452 5 RN#4831-9194-4266 vl CERTIFICATE OF ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS,ACCURACY,OR VALIDITY OF THAT DOCUMENT. State of U,411 v21/VI ) County of P)Iveic7►6f: ) On 2-1 2.01+ , before me,if cir°e CA Ni 'v J_ ) K tZ't tA) A k I IC, Date �I ere Insert ame and Title of th Officer personally appeared U 1(1(,01 i'i -6 1061 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the c EZ instrument.I •tr+ a WMy'I Q• ir`.. Mows Wok I certify under PENALTY OF PERJURY under the laws of the State Comm.E 21 20111 of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature `_/_ A� ` 4 Place Notary Seal Above 1892181.7 21469-930 • itfitTRAIM A • IC11#0tS noors*wrIc..) tantliiit!" vitt.tolt **ma latislav,v *.' e• A e.,••• , • of R1p4QJ Recorder o sy _ j d PETER ALDANA P.O.Box 751 COUNTY OF RIVERSIDE Riverside,CA 92502-0751 ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000 www.riversideacr.com ‘Cbt'iWYC1.0-' NOTARY CLARITY Under the provisions of Government Code 27361.7, I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: -7-0-6t-a / R P4(2-7(A)( 2-"" Name of Notary: Commission #: Place of Execution: 61-k U Sl DC c uU7 / Date Commission Expires: A PAZ i L 2-4 2 c / Date: (2 ;/ ( 7 Signature: Print Name: t ACR 186(Rev.07/2013) Available in Alternate Formats