246 Grove Acre Avenue

 

The City has received recurring complaints since 2011 concerning conditions at the propertylocated at 246 Grove Acre Avenue. City Building Official and Code Compliance Officer haveunsuccessfully attempted to meet with Property Owner Anne Bethel (Property Owner) over a five-year period to facilitate the rehabilitation of the property.

The City issued a Code Compliance Order on January 4, 2016. The Compliance Order identified violations of PGMC section 9.16.303, International Property Maintenance Code 2012 (IPMC) sections 302.1, 304.15, 308.1 and 309.1. Compliance was required no later than January 20,

  1. The Property Owner failed to remedy the violations within the prescribed time, and an

Administrative Hearing be held to determine the issues.

A noticed Administrative Hearing was held on June 22, 2016 before Hearing Officer Jack

Clifton. The Property Owner did not appear. At the Hearing, the Hearing Officer received testimony and evidence from City staff and neighbors. On July 25, 2016, the Hearing Officer issued Administrative Decision/Order #15-118, finding the Property Owner had violated PGMC section 9.16.303 and IPMC sections 302.1, 308.1, 309.1 as incorporated by PGMC section

18.04.010(a)(9).

The Decision/Order assessed administrative penalties and fees in the amount of $4,007.00.

The Decision/Order also ordered the administrative penalties continue to accrue at a rate of $100 per day if from September 1, 2016 until compliance is met. To date, compliance has not been met.

The time to appeal the Administrative Decision has lapsed.

246 Grove Acre Avenue

These penalties and costs are currently outstanding. PGMC section 1.19.260 authorizes Special

Assessments on real property when penalties and/or costs imposed by a hearing officer are not timely paid. Staff recommends Council adopt the proposed Resolution and direct staff to record a Special Assessment on 246 Grove Acre Avenue in the amount of $ 50,107 which will accumulate until compliance is achieved.

The attached resolution authorizes the City Manager to record a special assessment against 246

Grove Acre Avenue (APN: 006-371-030-000) in the amount of $50,107; the special assessment shall further accrue penalties and fines until the special assessment is paid in full. The resolution further authorizes the City Manager to place additional special assessments on 246

Grove Acre Avenue for future unpaid administrative penalties and/or costs authorized pursuant to Administrative Decision/Order #15-118 until all amounts are paid in full.

The proposed Resolution is not a project under CEQA because it is an administrative activity that will not result in direct or indirect physical changes in the environment. If approved, the resolution would take immediate effect.

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