HomeMy WebLinkAboutStaff Report 5.A 08/05/2019Revised Agenda Item #5.A
y Revision No. 1 - Friday, August 2, 2019
I85$
DATE: August 5, 2019
TO: Honorable Mayor and Members of the City Council through City Manager"
FROM: Corey Garberolio, Finance Director and Ken Savano, Chief of Police
SUBJECT: Public Hearing and Adoption of a Resolution Approving Special Assessment
Liens in the Total Amount of $5,910.28 on the Properties Located at 388 Grant
Ave, 1505 Pheasant Dr, and 31 Fairview Ter for Costs related to Violations of the
Petaluma Municipal Code That Remain Unpaid by the Responsible Parties and
Authorizing Recordation of a Lien and Placement of an Assessment on the
Property Tax Roll for Collection
RECOMMENDATION
It is recommended that the City Council hold a public hearing and adopt the attached Resolution
Approving Special Assessment Liens in the Total Amount of $5,910.28 on the Properties
Located at 388 Grant Ave, 1505 Pheasant Dr, and 31 Fairview Ter for costs related to violations
of the Petaluma Municipal Code that remain unpaid by the responsible parties and authorizing
the recordation of a Lien and placement of an assessment on the property Tax roll for collection.
BACKGROUND
On December 6, 2010, the City Council amended Chapters 1.10 through 1.16 of the Petaluma
Municipal Code. The amendments provided more tools for enforcement of public nuisances and
property maintenance regulations within the City. Municipal Code Section 1. 14.120 allows the
City to recover its costs to abate nuisance conditions or other code violations, including without
limitation the costs of any appeals hearing or Order to Show Cause (OSC) hearing (including
staff time necessary to prepare for and attend an appeals hearing or OSC hearing), any
reinspections required to determine or confirm that compliance has been achieved, production of
all staff reports, environmental tests or measurements that are deemed necessary or appropriate
by the enforcement officer, third -party inspection(s) or consultant services as deemed necessary
by the city and any attorneys' fees incurred in pursuing enforcement.
DISCUSSION
The attached Notices of Intent to Impose Special Assessments, Notices of Hearing and Cost
Reports, and Administrative Orders After Hearing describe the unpaid debts as they relate to the
properties listed above and on the attached Property Tax Levy Form Detailing Unpaid Debts.
These debts are a result of administrative actions taken by staff since 2016. Staff has attempted
to recover these debts using in-house collection efforts however the listed amounts remain
unpaid as of the date of this report.
With regard to notice to the property owners, an initial noticing of an Administrative Citation,
and a Notice of Violation, was issued to each property owner. As well, each property owner was
sent an invoice associated with the citation. In these three cases, the City requested hearings in
front of an appointed administrative hearing officer, where cost recovery fees were awarded to
the City. All administrative citations, and administrative orders issued to the property owners
following their hearing have included procedures and information on their right to appeal within
the 15 -day period. The listed property owners have not exercised their right to appeal and the
time for appeal has expired. In addition to the noticing mentioned above, the City issued two
recent notices to the listed property owners regarding their unpaid debts. The first notice
demanded payment within 10 days, advising the property owner that the City may seek to
impose a special assessment on their property for any unpaid debts. The second notice advised
the property owners of this hearing and possible further action by the City. These notices were
prepared in accordance with the Petaluma Municipal Code and are included as attachment A to
this report. The City will continue to accept payments until the deadline of August 81", at which
time the City will submit all remaining unpaid debts to the County as a special assessment to
place on the upcoming tax roll.
The total amount being sought for special assessment totals $5,910.28. Using the current
Sonoma County Tax Assessor's Roll, staff has verified that the listed property owners still own
the property where the violations occurred.
PUBLIC OUTREACH
This item was noticed with the Monday, August 5, 2019 Regular City Council/PCDSA Meeting
agenda, in accordance with Government Code §54954.2(a). In addition, additional noticing
occurred in accordance with the Petaluma Municipal Code.
FINANCIAL IMPACTS
There is a potential for recovering up to $5,910.28 of unpaid debts owed to the City of Petaluma.
All debts are recovered through the collection of special assessments on the specific parcels by
the County Assessor in connection with property tax payments. Any money collected will go
into the General Fund. The fee charged by the County of Sonoma to enroll the direct charge to
the tax roll is 0.85% of the original levy.
ATTACHMENTS
1. Resolution
2. Property Tax Levy Report Detailing Unpaid Debts
This report includes:
a. 10 Day Notices of Intent to Impose Special Assessments
b. July 16, 2019 Notices of Hearing and Cost Reports
c. Administrative Orders After Hearing
I
ATTACHMENT 1
RESOLUTION APPROVING SPECIAL ASSESSMENT LIENS IN THE TOTAL
AMOUNT OF $5,910.28 ON THE PROPERTIES LOCATED AT 388 GRANT AVE, 1505
PHEASANT DR, AND 31 FAIRVIEW TER FOR COSTS RELATED TO VIOLATIONS
OF THE PETALUMA MUNICIPAL CODE THAT REMAIN UNPAID BY THE
RESPONSIBLE PARTIES AND AUTHORIZING THE RECORDATION OF A LIEN
AND PLACEMENT OF AN ASSESSMENT ON THE PROPERTY TAX ROLL FOR
COLLECTION
WHEREAS, Petaluma Municipal Code section 1. 14.120 states that the city may elect to
recover its costs to abate nuisance conditions or other code violations, including without
limitation the costs of any appeals hearing or Order to Show Cause (OSC) hearing (including
staff time necessary to prepare for and attend an appeals hearing or OSC hearing), any
reinspections required to determine or confinn that compliance has been achieved, production of
all staff reports, environmental tests or measurements that are deemed necessary or appropriate
by the enforcement officer, third -party inspection(s) or consultant services as deemed necessary
by the city and any attorneys' fees incurred in pursuing enforcement; and
WHEREAS, Petaluma Municipal Code section 1.14.130(A) states in relevant part that if
any order authorizes the City to abate a nuisance condition or other code violations, the City
official responsible for such abatement shall keep an accounting of the cost of abatement along
with any other recoverable costs, and shall render a written report ("the cost report") to the city
council showing the cost of removing and/or abating the nuisance condition and describing the
work performed and the cost report shall be agendized as a public hearing item by the City clerk
at a subsequent City council meeting following the required notice periods; and
WHEREAS, Petaluma Municipal Code section 1.14.130(B) requires that at least ten days
prior to the submission of the cost report to the City Council, the City Clerk's office or their
designee shall cause a copy of the cost report to be mailed to the responsible party and/or to the
owner of the property where the nuisance condition existed and if the nuisance concerns real
property, a copy of the cost report shall be mailed to the owner(s) at the address shown for such
owner(s) on the last tax roll; and
WHEREAS, Petaluma Municipal Code section 1.14.130(C) requires that at the time and
place fixed for receiving and considering the cost report, the city council shall hear a summary of
the cost report and any objections by the responsible party or property owner against whom such
costs are being charged or against whose property an abatement lien or special assessment may
be imposed. After considering the cost report and any objections thereto, the city council may
make such modifications to the cost report as it deems appropriate, after which the report may be
confinned by order of the city council; and
WHEREAS, Petaluma Municipal Code Section 1.14.140(D) states in relevant part, that any
penalty imposed for violations of this code, including any other codes or statutes that have been
incorporated into this code, and any costs of enforcement or administration or expenses
associated with the abatement of any nuisance levied in accordance with Chapters 1.10 through
1. 16, whether imposed or levied judicially or administratively, may become a special assessment
on the real property where the nuisance condition(s) existed and the special assessment imposed
on real property pursuant to this section may be collected at the same time and in the same
manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and
the same procedure and sale in case of delinquency as are provided for ordinary municipal taxes;
and
WHEREAS, in accordance with Petaluma Municipal Code section 1.14.130, on August 5,
2019, the Finance Director provided to the City Council of Petaluma an itemized report detailing
the unpaid debts from three properties located in Petaluma, as a result of administrative
enforcement dating back to 2016, all as shown and set forth on the attached Cost Reports and
Property Tax Levy Report Detailing Unpaid Debts; and
WHEREAS, in accordance with Petaluma Municipal Code sections 1.14 and 1. 16, the
property owners have either not exercised their rights to appeal the original fines and penalties
imposed, or they exercised their right to appeal and the appeal was denied; and
WHEREAS, in accordance with Petaluma Municipal Code section 1.14.130(B), a cost report
and notice of hearing for special assessment was mailed on July 17, 2019, via U.S. Mail and
certified mail, return receipt requested, to the identified property owners at the addresses listed
on the most recent Tax Assessor's Role, advising the property owners of the City of Petaluma's
intent to impose a special assessment for all outstanding debts that remained after 10 days of said
notice; and
WHEREAS, at the time and place referred to in said notice, the City Council heard the
Finance Director's Cost Report, together with any objections raised by the property owners, and
the City Council made its recommendations and any modifications it deemed necessary to be
included in the final report;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as
follows:
1. The Finance Director's Cost Reports ("the Report"), and each amount and part thereof, is
hereby confirmed, and as to the delinquent parcels listed therein, the amount shown for such
parcel constitutes a special assessment on the property.
2. In accordance with Petaluma Municipal Code section 1.14.130(D), a copy of this Council
order confirming costs against the responsible party shall be served on the responsible party
within ten days of such order in the manner described in Section 1.14.020(B), which states
that it shall be served upon the responsible party or owner personally or by United States
mail, first-class postage prepaid, and if by such mail, it shall be sent to the last known address
listed on the most recent tax assessor's records; when service is by first-class mail, a copy of
the Council order shall be conspicuously posted at the affected property when reasonably
practicable for a period of not less than three calendar days prior to the first date of
commencement of the action.
11
3. In accordance with Petaluma Municipal Code section 1.14.020(C), proof of service of the
Council order confirming costs shall be certified by a written declaration under penalty of
perjury executed by the person effecting service, declaring the date, time and manner of
service, and the date and place of posting, if applicable and the declaration shall be affixed to
a copy of the Council order and retained by the enforcement officer.
4. In accordance with Petaluma Municipal Code section 1.14.140(D), a notice of any special
assessment that is levied on real property shall be given to the owner by certified mail, and
shall contain the information set forth in Government Code Section 38773.5(c); and
5. A copy of this Order shall be received by the County Auditor -Controller Treasurer Tax
Collector's Office for placement of the special assessment on the real property prior to
August 10, 2019 for placement on the 2019 property tax roll, which shall be collected at the
same time and in the same manner as ordinary municipal taxes are collected.
Account
Address
Decision
and Administrative Orders:
11988
388 GRANT AVE
12085
1505 PHEASANT DR
12272
31 FAIRVIEW TER
Property Tax Levy Report Detailing Unpaid Debts
APN Property Owner
008-433-030 JILL & ALEXANDER BURNELL
136-391-008 EST OF JERRY R QUILICE ET AL
008-253-016 MARK A AND LYNETTE M ESENBERG
ATTACHMENT 2
$ 2,422.31
$ 795.06
$ 2,692.91
Total $ 5,910.28
L U�
a�ItCITY OF PETALUMA
P
POST OFFICE BOX 61
\Y 8 5 $ PETALUMA, CA 94953-0061
Teresa Barrett
May 21, 2019
Mayor
in full within 10 days of this letter, the City of Petaluma will commence proceedings to
D'Lynda Fischer
Jill and Alexander Burnell
Mike Healy
388 Grant Avenue
Gabe Kearney
Dave King
Petaluma CA 94952
�
Kevin McDonnell
notifying you that the property may be sold after three years by the tax collector for
Kathy Miller
Councilmembers
By Regular Mail and Certified Mail, Return Receipt Requested
Subject Properties: 388 Grant Avenue
APN: 008-433-030
RE: Notice of intent to impose special assessment on real property located at 388
Grant Avenue, Petaluma, CA.
Dear Property Owners:
This letter shall serve as your notice of the City of Petaluma's intent to impose a special
assessment against your property for the following unpaid debts owed:
1. Decision and Administrative Order dated March 31, 2017, issued by Vanessa
Aching Davenport. Administrative costs awarded: $2,422.31. Civil penalties
awarded: $10,500. Total due by June 29, 2017: $12,922.31.
2. Administrative Citation CE16-365-1, issued on January 4, 2017, in the amount of
$100. Late penalty assessed on February 6, 2017 for $10. Total owed is $110.
3. Administrative Citation CE16-365-2, issued on January 17, 2017, in the amount
of $500. Late penalty assessed on February 19, 2017 for $50. Total owed is $550.
4. Administrative Citation CE16-365-3, issued on January 28, 2017, in the amount
of $1,000. Late penalty assessed on February 26, 2017 for $100. Total owed is
$1,100.
7
The total amount owed to the City of Petaluma is $14,682.31. If payment is not received
in full within 10 days of this letter, the City of Petaluma will commence proceedings to
impose a special assessment on your property, pursuant to Section 1. 14.140 of City of
Petaluma Municipal Code.
Police Depm7ment
969 Petaluma Boulevard North
Pursuant to Government Code Section 38773.5(c), the City of Petaluma is hereby
Petaluma, CA 94952-6320
notifying you that the property may be sold after three years by the tax collector for
Phone (707) 778-4372
unpaid delinquent assessments. The tax collector's power of sale shall not be affected by
Fax (707) 778-4502
the failure of the property owner to receive notice. The assessment may be collected at
E -Mail:
the same time and in the same manner as ordinary municipal taxes are collected, and shall
policeaduiiii@ci.petal:rma.ca.us
be subject to the same penalties and the same procedure and sale in case of delinquency
as provided for ordinary municipal taxes. All laws applicable to the levy, collection and
enforcement of municipal taxes shall be applicable to the special assessment. However, if
7
any real property to which the cost of abatement relates has been transferred or conveyed
to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has
been created and attaches thereon, prior to the date on which the first installment of the
taxes would become delinquent, then the cost of abatement shall not result in a lien
against the real property but instead shall be transferred to the unsecured roll for
collection.
Payment can be made to the following:
City of Petaluma
Attn: Accounts Receivable
11 English Street
Petaluma, CA 94952
Your cooperation with this matter is greatly appreciated. Please do not hesitate to contact
me with any further questions or concerns you may have. Thank you.
Sincerely,
Joe G:c/ia,�CCEO
Neighborhood Preservation Coordinator
Code Enforcement Division
City of Petaluma Police Department
707-778-4558
Cc: Finance Division
City Attorney
1.1
POST OFFICE BOX 61
Y s 5 a PETALUMA, CA 94953-0061
Teresa Barrett
March 15, 20191 Adm Order of Hearing Officer 42,420.06
Mayor
June 19, 2019
D'Lynda Fischer
June 14, 20171 CE17-47-21 1,500.00
Mike Healy
Est Of Jerry R Quilice Et Al
Gabe Kearney
1505 Pheasant Dr
Dave King
1 Total Late Penaltyl 780.00
Kevin McDonnell
Petaluma, CA 94954
Kathy Miller
to the levy, collection and enforcement of municipal taxes shall be applicable to the
Councilmembers
By Regular Mail and Certified Mail, Return Receipt Requested
Subject Property: 1505 Pheasant Dr
APN: 136-391-008
Account Number 12085
Total Amount Due $ 51,000.06
RE: Notice of intent to impose special assessment on real property located at 1505
Pheasant Dr, Petaluma, CA.
Dear Property Owner:
This letter shall serve as your notice of the City of Petaluma's intent to impose a
special assessment against your property for the following unpaid debts owed.
P*
March 15, 20191 Adm Order of Hearing Officer 42,420.06
General Services
June 5, 20171 CE17-47-1 300.00
Phone (707) 778-4384
June 14, 20171 CE17-47-21 1,500.00
June 27, 20171 CE 17-47-31 3,000.00
Purchasing
May 7, 20181 CE17-47-41 3,000.00
Phone (707) 778-4352
Fax (707) 931-0667
1 Total Late Penaltyl 780.00
Finance Department
Total l $51,000.06
11 English Street
to the levy, collection and enforcement of municipal taxes shall be applicable to the
Petaluma, Cd 94952
Phone (707) 778-4352
The total amount owed to the City of Petaluma is $51,000.06. If payment is not
Fax (707) 931-0667
received in full within 10 days of this letter, the City of Petaluma will commence
E-Afail:
proceedings to impose a special assessment on your property, pursuant to Section
finance@ci.petahonaxa.us
1. 14.140 of the City of Petaluma Municipal Code.
P*
Pursuant to Government Code Section 38773.5(c), the City of Petaluma is hereby
General Services
notifying you that the property may be sold after three years by the tax collector for
Phone (707) 778-4384
unpaid delinquent assessments. The tax collector's power of sale shall not be affected
by the failure of the property owner to receive notice. The assessment may be
Purchasing
collected at the same time and in the same manner as ordinary municipal taxes are
Phone (707) 778-4352
Fax (707) 931-0667
collected and shall be subject to the same penalties and the same procedure and sale
I p
E -,flail.•
in case of delinquency as provided for ordinary municipal taxes. All laws applicable
finance@ei.petalama.ca. its
to the levy, collection and enforcement of municipal taxes shall be applicable to the
special assessment. However, if any real property to which the cost of abatement
Utility Billing
relates has been transferred or conveyed to a bona fide purchaser for value, or if a
Phone (707) 778-4350
Fax (707) 931-0667
E -Mail:
iitilitybills@ci.petal mna. ca.:ts
P*
lien of a bona fide encumbrancer for value has been created and attaches thereon,
prior to the date on which the first installment of the taxes would become delinquent,
then the cost of abatement shall not result in a lien against the real property but
instead shall be transferred to the unsecured roll for collection.
Please remit payment to the following address:
City of Petaluma
Attn: Accounts Receivable
11 English Street
Petaluma, CA 94952
If you have questions regarding your bill, please contact City of Petaluma Finance
Department Accounts Receivable at ar@cityofpetaluma.org or 707-778-4341.
If you have questions regarding your Administrative Citation, please contact the City
of Petaluma Police Department Neighborhood Preservation Coordinator:
Joe Garcia
Code Enforcement Division
City of Petaluma Police Department
707-778-4558 1 JGarcia@cityofpetaluma.org
Your cooperation with this matter is greatly appreciated. Thank you.
City of Petaluma Finance, Department
707-778-4352 1 finance@cityofpetaluma.org
aI�LLT �
CITY OF PETALUMA
POST OFFICE BOX 61
\� 8 5 S PETALUMA, CA 94953-0061
Teresa Barrett
May 21, 2019
Mayor
D'Lynda Fischer
Mark A and Lynette M Esenberg
Mike Healy
31 Fairview Terrace
Gabe a earnea g
Petaluma, CA 94952
King
Kevin McDonnell
Kathy Miller
Councilmemhers
By Regular Mail and Certified Mail, Return Receipt Requested
Subject Properties: 31 Fairview Terrace
APN: 008-253-016
RE: Notice of intent to impose special assessment on real property located at 31
Fairview Terrace, Petaluma, CA.
Dear Property Owners:
This letter shall serve as your notice of the City of Petaluma's intent to impose a special
assessment against your property for the following unpaid debts owed:
1. Decision and Administrative Order dated March 31, 2017, issued by Vanessa
Aching Davenport. Administrative costs awarded: $2,692.91. Civil penalties
awarded: $31,500. Total due by June 29, 2017: $34,192.91.
2. Administrative Citation CE16-389-1, issued on December 1, 2016, in the amount
of $400. Late penalty assessed on January 2, 2017 for $40. Total owed is $440.
Administrative Citation CE16-389-2, issued on December 14, 2016, in the
amount of $1,500. Late penalty assessed on January 16, 2017 for $150. Total
owed is $1,650.
4. Administrative Citation CE16-389-3, issued on January 18, 2017, in the amount
of $3,000. Late penalty assessed on February 19, 2017 for $300. Total owed is
$3,300.
5. Administrative Citation CE16-389-4, issued on December 20, 2017, in the
amount of $3,000. Late penalty assessed on January 21, 2018 for $300. Total
owed is $3,300.
Police Deportment 6. Administrative Citation CE16-389-5 issued on January 10 2018 in the amount
969 Petaluma Boulevard North � , ,
Petaluma, CA 94952-6320 of $3,000. Late penalty assessed on February 11, 2018 for $300. Total owed is
Phone (707) 778-4372 $3,300•
Fax (707) 778-4502
E-A,fail: 7. Administrative Citation CE16-389-6, issued on January 25, 2018, in the amount
policea(linin@ci.petahntta.ca.tis of $3,000. Late penalty assessed on February 27, 2018 for $300. Total owed is
$3,300.
It
8, Administrative Citation CE16-389-7, issued on February 7, 2018, in the amount
of $3,000. Late penalty assessed on March 10, 2018 for $300. Total owed is
$3,300.
9. Administrative Citation CE16-389-8, issued on March 22, 2018, in the amount of
$3,000. Late penalty assessed on April 23, 2018 for $300. Total owed is $3,300.
10. Administrative Citation CE 16-3 89-8, issued on April 2, 2018, in the amount of
$3,000. Late penalty assessed on May 3, 2018 for $300. Total owed is $3,300.
The total amount owed to the City of Petaluma is $59,382.91. If payment is not received
in full within 10 days of this letter, the City of Petaluma will commence proceedings to
impose a special assessment on your property, pursuant to Section 1. 14.140 of City of
Petaluma Municipal Code.
Pursuant to Government Code Section 39773.5(c), the City of Petaluma is hereby
notifying you that the property may be sold after three years by the tax collector for
unpaid delinquent assessments. The tax collector's power of sale shall not be affected by
the failure of the property owner to receive notice. The assessment may be collected at
the same time and in the same manner as ordinary municipal taxes are collected, and shall
be subject to the same penalties and the same procedure and sale in case of delinquency
as provided for ordinary municipal taxes. All laws applicable to the levy, collection and
enforcement of municipal taxes shall be applicable to the special assessment. However, if
any real property to which the cost of abatement relates has been transferred or conveyed
to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has
been created and attaches thereon, prior to the date on which the first installment of the
taxes would become delinquent, then the cost of abatement shall not result in a lien
against the real property but instead shall be transferred to the unsecured roll for
collection.
Payment can be made to the following:
City of Petaluma
Attn: Accounts Receivable
11 English Street
Petaluma, CA 94952
Your cooperation with this matter is greatly appreciated. Please do not hesitate to contact
me with any further questions or concerns you may have. Thank you.
Sincerely,
Joe G�rcia, CCEO
Neighborhood Preservation Coordinator
Code Enforcement Division
City of Petaluma Police Department
707-778-4558
Cc: Finance Division
City Attorney 12
a� - CITY OF PETALUMA
P�
POST OFFICE BOX 61
PETALUMA, CA 94953-0061
July 16, 2019
Teresa Barrett
Jill and Alexander Burnell
Mayor
388 Grant Ave
D'LynaaFischer
Petaluma, CA 94952
Mike Healy
as your notice of the City of Petaluma's intent to impose a special assessment against your
Gabe Kearney
Dave King
By Regular Mail and Certified Mail Return Receipt Requested
g � p q
Devin McDonnell
The City Council Meeting will be on the following date, time and location:
Kathy Miner
Subject Property: 388 Grant Ave
Councibnembers
APN: 008-433-030
Account: 11988
RE: Notice of Hearing to seek City Council authorization to impose a special assessment for costs
13
and penalties for violations of the Petaluma Municipal Code on Subject Property stated above.
Dear Property Owner(s):
Pursuant to Petaluma Municipal Code sections I.14.060(B) and 1.14.130, this letter shall serve
as your notice of the City of Petaluma's intent to impose a special assessment against your
property for the unpaid debts described in the attached Cost Report.
The City Council Meeting will be on the following date, time and location:
DATE: August 5, 2019 TIME: 7:00 p.m.
LOCATION: City Hall: Council Chambers
11 English Street
Finance Department
Petaluma, CA 94952
11 English Street.
Petaluma, CA 94952
If you would like to make a payment before the City Council hearing, please remit payment to
Phone (707) 778-4352
the following address:
Fax (707) 931-0667
Email:
finance@cityofpetahnna.org
City of Petaluma
Attn: Accounts Receivable
11 English Street
Petaluma, CA 94952
General Services
Phone (707) 778-4352
If you have questions regarding your bill, please contact City of Petaluma Finance Department
Accounts Receivable at ar@cityofpetaluma.org or 707-778-4341.
Purchasing
If you have questions regarding your Administrative Citation, please contact the City of
Phone (707) 778-4352
Fax(707)931-0667
Petaluma Police Department Neighborhood Preservation Coordinator:
Entail:
finance@cityofpetahnna.org
Joe Garcia
Code Enforcement Division
City of Petaluma Police Department
Utility Billing
707-778-4558 ( JGarcia@cityofpetaluma.org
Phone (707) 778-4350
Fax (707) 931-0667
Entail:
tttilitybills@cityofpetahnna. org
13
Cost Report Pursuant to Petaluma Municipal Code Sections 1.14.060(6) & 1.14.130
Subject Property: 388 Grant Ave
APN: 008-433-030
Account: 11988
Total Amount Due $ 14,682.31
Statement of the Amount Due:
01/Q4/2017 ICE16-365-1
01/17/2017 ICE16-365-2
01/28/2017 I CE16-365-3
Cost of Abatement:
None
Other Recoverable Costs:
PMC 1.10.075 (G)(1)
PMC 1.10.075 (G)(1)
PMC 1.10.075 (G)(1)
10% LATE FEES
03/31/2017 DECISION & ADMIN ORDER FAILURE TO COMPLY -PENALTY VIOLATION
03/31/2017 DECISION &ADMIN ORDER ADMIN COST-PERSONNELTIME
G RA N D TOTA L
$100.00
$500.00
$1,000.00
$160.00
$10,500.00
I $2,422.31
f $14,682.31
Teresa Barrett
R4ayor
D'Lynda Fischer
Mike Healy
Gabe Kearney
Dave King
Devin McDonnell
Kathy Miller
Councilrnembers
Finance Department
11 English Street.
Petahuna, 'CA 94952
Phone (707) 778-4352
Fax (707) 931-0667
Email
CITY F PETALUMA
POST OFFICE BOX 61
PETALUMA, CA 94953-0061
July 16, 2019
Estate of Jerry R Quilice Et Al
1505 Pheasant Dr
Petaluma, CA 94954
By Regular Mail and Certified Mail, Return Receipt Requested
Subject Property: 1505 Pheasant Dr
APN: 136-391-008
Account: 12085
RE: Notice of Hearing to seek City Council authorization to impose a special assessment for costs
and penalties for violations of the Petaluma Municipal Code on Subject Property stated above.
Dear Property Owner(s):
Pursuant to Petaluma Municipal Code sections 1.14.060(6) and 1.14.130, this letter shall serve
as your notice of the City of Petaluma's intent to impose a special assessment against your
property for the unpaid debts described in the attached Cost Report.
The City Council Meeting will be on the following date, time and location:
DATE: August 5, 2019 TIME: 7:00 p.m.
LOCATION: City Hall: Council Chambers
1 1 English Street
Petaluma, CA 94952
If you would like to make a payment before the City Council hearing, please remit payment to
the following address:
finance@cityofpetahana.org City of Petaluma
Attn: Accounts Receivable
11 English Street
Petaluma, CA 94952
General Services
Phone (707) 778-4352 If you have questions regarding your bill, please contact City of Petaluma Finance Department
Accounts Receivable at ar@cityofpetaluma.org or 707-778-4341.
Parc"sing If you have questions regarding your Administrative Citation, please contact the City of
Phone (707) 778-4352
Fax(707)931-0667 Petaluma Police Department Neighborhood Preservation Coordinator:
Email:
frnance@cityofpetahvna.org Joe Garcia
Code Enforcement Division
City of Petaluma Police Department
Utility Billing 707-778-4558 1 JGarcia@cityofpetaluma.org
Phone (707) 778-4350
Fax (707) 931-0667
Email:
trtilitybills@cityofpetahnna. org
15
Cost Report Pursuant to Petaluma Municipal Code Sections 1.14.060(6) & 1.14.130
Subject Property:
APN:
Account:
Total Amount Due
1505 Pheasant Dr
136-391-008
12085
$ 51,000.06
Statement of the Amount Due:
06/05/2017
10E17-47-1
IPMC1.10.075(G)(7)
j $100.00;
06/05/2017
I CE17-47-1
P MCI. 10.075(G) (1)
$100.00;
06/05/2017
ICE17-47-1
IPMC 1.10.075(D)
$100.00;
06/14/2017
ICE17-47-2
jPMC1.10.075(G)(7)
$500.001
06/14/2017
1CE17-47-2
PMCI. 10.075(G)(1)
j $500.00
06/14/2017
10E17-47-2
PMC 1.10.075(D)
$500.00;
06/27/2017
CE17-47-3
0MC1.10.075(G)(7)
j $1,000.06(
06/27/2017
lCE17-47-3
PMC1.10.075(G)(1)
( $1,000.00
06/27/2017
jCE17-47-3
PMC 1.10.075(D)
$1,000.001
05/07/2018
CE17-47-4
IPMC1.10.075(G)(7)
I $1,000.00;
05/07/2018
,CE17-47-4
P MC 1. 10. 075(G) (1)
$1,000.00;
05/07/2018
CE17-47-4
PMC 1.10.075(D)
$1,000.00;
10% LATE FEES
$780.00;
Cost of Abatement:
None
Other Recoverable Costs:
03/15/2019 !DECISION & ADMIN ORDER I FAILURE TO COMPLY -PENALTY VIOLATION
03/15/2019 1DECISION &ADMIN ORDER 1ADMIN COST -PERSON NEL TIME
GRAND TOTAL
$41,625.001
$795.06
$51,000.06
a� ACITY OF ETA
POST OFFICE BOX 61
-185e, PETALUMA, CA 94953-0061
July 16, 2019
Teresa Barrett Mark A and Lynette M Esenberg
tLlayor
31 Fairview Dr
D'Lynda Fischer Petaluma, CA 94952
Mike Healy
Gabe Kearney
Dave King By Regular Mail and Certified Mail, Return Receipt Requested
Devin McDonnell
Kathy Miller Subject Property: 31 Fairview Dr
Councibnembers APN: 008-253-016
Account: 12272
RE: Notice of Hearing to seek City Council authorization to impose a special assessment for costs
17
and penalties for violations of the Petaluma Municipal Code on Subject Property stated above.
Dear Property Owner(s):
Pursuant to Petaluma Municipal Code sections 1.1 4.060(B) and 1.14.130, this letter shall serve
as your notice of the City of Petaluma's intent to impose a special assessment against your
property for the unpaid debts described in the attached Cost Report.
The City Council Meeting will be on the following date, time and location:
DATE: August 5, 2019 TIME: 7:00 p.m.
LOCATION: City Hall: Council Chambers
11 English Street
Finance Department
Petaluma, CA 94952
11 English Street.
Petahmta, CA 94952
If you would like, to make a payment before the City Council hearing, please remit payment to
Phone (707) 778-4352
the following address:
Fax (707) 931-0667
Entail:
finance@cityofpetahana.org
City of Petaluma
Attn: Accounts Receivable
11 English Street
Petaluma, CA 94952
General Services
Phone (707) 778-4352
If you have questions regarding your bill, please contact City of Petaluma Finance Department
Accounts Receivable at ar@cityofpetaluma.org or 707-778-4341.
P"cila'W
If you have questions regarding your Administrative Citation, please contact the City of
Phone (707) 778-4352
Fax(707)931-0667
Petaluma Police Department Neighborhood Preservation Coordinator:
Email:
ftrtatice@cityofpetahaaa.org
Joe Garcia
Code Enforcement Division
City of Petaluma Police Department
UtilityBillirlg
707-778-4558 1 JGarcia@cityofpetaluma.org
Phone (707) 778-4350
Fax (707) 931-0667
Email:
:ttil itybills@cityofpetahnaa. oig
17
Cost Report Pursuant to Petaluma Municipal Code Sections 1.14.060(6) & 1.IA. 130
Subject Property: 31 Fairview Dr
APN: 008-253-016
Account: 12272
Total Amount Due $ 59,382.91
Statement of the Amount Due:
'12/01/2016
112/01/2016
12/01/2016
1 _
112/01/2016
112/14/2016
112/14/2016
112/14/2016
101/18/2017
1!01/18/2017
101/18/2017
112/20/2017
112/20/2017
112/20/2017
101/10/2018
'01/10/2018
01/10/2018
01/25/2018
01/25/2018
101/25/2018
02/07/2018
02/07/2018
02/07/2018
103/22/2018
103/22/2018
103/22/2018
104/02/2018
104/02/2018
104/02/2018
1
CE16-389-1
1 CE16-389-1
I CE16-389-1
CE16-389-1
ICE -16-389-2
ICE16-389-2
1 CE16-389-2
I CE16-389-3
1 CE16-389-3
1 CE16-389-3
j CE16-389-4
1 CE16-389-4
I CE16-389-4
ICE16-389-5
I CE16-389-5
ICE16-389-5
10E16-389-6
1 CE16-389-6
10E16-389-6
10E16-389-7
1 CE16-389-7
10E16-389-7
10E16-389-8
ICE16-389-8
I CE16-389-8
10E16-389-9
10E16-389-9
10E16-389-9
Cost of Abatement:
None
Other Recoverable Costs:
03/31/2017 DECISION & ADMIN ORDER
03/31/2017 I DECISION & ADMIN ORDER
j PMC 8.16.320
'PMC 1. 10. 075 (G) (1)
IPMC 1. 10. 075(G) (6)
1PMC 1. 10. 075(G) (7)
PMC 1.10.075(G)(1)
1PMC 1. 10. 075(G) (6)
1PMC 1. 10. 075(G) (7)
1PMC 1. 10. 075(G) (1)
1PMC 1. 10. 075 (G) (6)
1PMC 1. 10. 075(G) (7)
1PMC 1. 10. 075(G) (1)
1PMC 1. 10, 075(G) (6)
1PMC 1.10.075(G)(7)
1PMC 1. 10. 075 (G) (1)
;PMC 1.10.075(G)(6)
1PMC 1.10.075(G)(7)
1PMC 1. 10. 075(G) (1)
1PMC 1. 10. 075 (G) (6)
1PMC 1. 10. 075(G) (7)
1PMC 1. 10. 075(G) (1)
1PMC 1. 10. 075(G) (6)
1PMC 1. 10. 075 (G) (7)
1PMC 1.10.075(G)(1)
1PMC 1. 10. 075(G) (6)
1PMC 1. 10. 075(G) (7)
1PMC 1. 10. 075(G) (1)
1PMC 1. 10. 075 (G) (6)
1PMC 1. 10. 075 (G) (7)
110% LATE FEE PENALTY
FAILURE TO COMPLY -PENALTY VIOLATION
ADMIN COST -PERSONNEL TIME
GRANDTOTAL
$100.001
$100.00
$100.00
$100.00
$500.00
$500.00
$500.00
$1,000.00
$1,000.00
$1,000,001
$1,000.001
$1,000.00
$1,000.00
$1,000,00
$1,000.00
$1)000.00
$1,000.001
$1, 000.00
$1,000.00
$1,000.00
$1,000.00
$1,000.00
$1,0 0.00
$1,000.00
$1,000.00
$1,000.00
$1,000.00
$1,000.00
$2,290.00
$31,500.00
$2,692.91
1 $59,382.91
CITY OF PETALUMA
DECISION AND ADMINISTRATIVE ORDER
DECISION AND ADMINISTRATIVE ORDER OF ADMINISTRATIVE HEARING
OFFICER REGARDING THE CITY OF PETALUMA HEARING ON
ADMINISTRATIVE ORDER NOTICE OF VIOLATION, AS TO REAL PROPERTY
LOCATED AT 388 GRANT AVE., PETALUMA, CALIFORNIA 94952; APN: 008-433-
030; Case #: CE16-365
A duly noticed Public Hearing was held on March 21, 2017, before Vanessa Aching Davenport,
an Administrative Hearing Officer appointed by the City Council, City of Petaluma, to consider
the abatement of a notice of violation as to that certain real property located at 388 Grant
Avenue Petaluma, California 94952, and more particularly described as Assessor's Parcel No.:
008-433-030 ("the Subject Property"). All interested parties were provided an opportunity to
attend and be heard. All oral testimony of Joe Garcia, City of Petaluma, Neighborhood
Preservation Coordinator who is the Issuing Officer and designated Code Enforcement Official
was taken under oath. Property owners Jill Burnell and Alexander Burnell ("the Property
Owners") failed to appear or otherwise submit any documentary or testimonial evidence.
HAVING CONSIDERED all the evidence presented, both oral and documentary, this
Administrative Hearing Officer makes the following Findings of Fact and Conclusions of
Law:
I. FINDINGS OF FACT:
1. Jill Burnell and Alexander Burnell are the subject property owners as of December 9, 2015.
2. Background: On October 18, 2016, the City of Petaluma received a complaint regarding the
front yard and driveway of the Subject Property. The complaint stated that trash, junk, and other
items were being stored in the driveway and were creating an eyesore. The complaint stated that
the yard had looked like this for that past 10 months.
3. On October 25, 2016, Petaluma Police Department ("PPD") staff conducted an inspection of
the Subject Property from the street. A photograph was taken of the driveway, which showed an
accumulation of trash, junk, and debris in and around a utility trailer. A corrections notice was
issued and mailed to the Property Owners at the Subject Property. A compliance date of
November 13, 2016 was indicated on the corrections notice.
4. On November 14, 2016, PPD staff conducted an inspection of the Subject Property from the
street. Staff observed what appeared to be some progress being made to clean up the items in the
front yard and driveway.
Page 1 of 8 338 GRANT AVENUE, PETALUMA CA 94952
APN: 008-433-030; Case #: CE16-366
19
5. On November 29, 2016, PPD staff conducted an inspection of the Subject Property from the
street. Staff observed what appeared to be some additional progress being made to clean up the
items in the front yard and driveway. Photographs were taken of the front yard and driveway.
6. On December 13, 2016, PPD staff conducted an inspection of the Subject Property from the
street. Staff observed an increase in the amount of junk, trash, and.debris in and around the utility
trailer in the driveway. A photograph of the driveway was taken.
7. On December 14, 2016, a second corrections notice was issued and mailed to the Property
Owners at the Subject Property. A compliance date of January 1, 2017 was indicated on the
corrections notice.
8. On January 4, 2017, PPD staff conducted an inspection of the Subject Property from the street.
Staff observed an increase in the amount of junk, trash, and debris in and around the utility trailer
in the driveway. Photographs were taken of the front yard and driveway. Administrative citation
CE 16-3 65-1 was issued and mailed to the Property Owners for failure to correct the noted
violations. A compliance date of January 12, 2017 was indicated on the administrative citation.
9. On January 17, 2017, PPD staff conducted an inspection of the Subject Property from the
street. Staff observed an increase in the amount of junk, trash, and debris in and around the utility
trailer in the driveway. It was also noted that weeds and grasses were overgrown. Photographs
were taken of the front yard and driveway. Administrative citation CE 16-365-2 was issued and
mailed to the Property Owners for failure to correct the noted violations. A compliance date of
January 24, 2017 was indicated on the administrative citation.
10. On January 25, 2017, PPD staff conducted an inspection of the Subject Property from the
street. Staff observed junk, trash, and debris in and around the utility trailer in the driveway.
Photographs were taken of the front yard and driveway. Administrative citation CE16-365-3 was
issued and mailed to the Property Owners for failure to correct the noted violations. A
compliance date of February 1, 2017 was indicated on the administrative citation. A copy of
administrative citation CE16-365-3 was sent via certified mail, return receipt requested. The
certified mailing was marked Return to Sender on February 25, 2017, with the reason being
Unclaimed.
11 - On February 6, 2017, PPD staff conducted an inspection of the Subject Property from the
street. Staff observed junk, trash, and debris in and around the utility trailer in the driveway. The
weeds and grasses in the front yard were overgrown. Photographs were taken of the front yard
and driveway.
12. On February 7, 2017, the Notice of Violation (NOV) dated February 6, 2017 was issued to
the Subject Property for trash, junk, debris, and overgrown vegetation. A compliance date of
February 27, 2017 was indicated on the NOV. A copy of the NOV was sent regular, first class
mail. Another copy was sent via certified mail, return receipt requested. Additionally, a copy was
posted on the Subject Property. Photographs of the NOV posted on the property were taken,
Page 2 of 8 338 GRANT AVENUE, PETALUMA CA 94962
APN: 008-433-030; Case #: CE16-366
20
along with more pictures of the junk, trash, and debris in and around the utility trailer in the
driveway. A Certificate of Service was signed by Joe Garcia, Neighborhood Preservation
Coordinator. The certified mailing of the NOV was marked Return to Sender on March 7, 2017,
with the reason being Unclaimed.
13. On February 28, 2017, PPD staff conducted an inspection of the Subject Property from the
street. Staff observed junk, trash, and debris in and around the utility trailer in the driveway. The
weeds and grasses in the front yard were overgrown. Photographs were taken of the front yard
and driveway.
14. On March 1, 2017, a Notice of Hearing on Administrative Order was issued to the Subject
Property. A copy of the Notice was sent regular, first class mail.
15. On March 8, 2017, a copy of the Notice of Hearing on Administrative Order was posted on
the Subject Property. Photographs of the Notice posted on the property were taken, along with
more pictures of the junk, trash, and debris in and around the utility trailer in the driveway. (See
pages 64 — 66 inclusive of Staff Report, Exhibit 1)
16. City Preservation Coordinator Garcia credibly testified that while posting the Notice of
Administrative Hearing on the garage door he observed several items of trash and junk strewn about
randomly at the premises and which was visible from the street view, uncut vegetation in excess of 6
inches, and noted the smell of rotting food emanating from trash bags in the trailer in the driveway.
II. CONCLUSIONS OF LAW:
1. Jill Burnell and Alexander Burnell the subject property owners and Responsible parties
pursuant to PMC 1. 10.020 were duly served at the address listed with the Tax Assessor's Office,
with all required notices pertaining to this administrative hearing. (Pages 27 and 28 of Staff Report,
Exhibit 1)
2. Notices: All administrative notices were duly served on the property owners. (Exhibit 1, Staff
Report, pages 49 and 62 as to the NOV service)
ISSUES TO BE DECIDED:
3. The City of Petaluma ("the City") asserts that the subject property located at 338 Grant Avenue ,
is not being maintained, is creating a public nuisance, and is in violation of the City of Petaluma
Municipal Code (PMC) as described in the Notice of Violation ("NOV") issued on February 6,
2017. (Exhibit 1 Staff Report, pp. 39 — 49).
ALLEGED VIOLATIONS:
Page 3 of 8 338 GRANT AVENUE, PETALUMA CA 94952
APN: 008-433-030; Case #: CE16-365
21
4. The alleged violations noted and cited by the City of Petaluma in the February 6, 2017 NOV
(Exhibit 1, Staff Report Pages 39 — 49 inclusive) are as follows:
Attachment A on page 41 of the NOV setting forth the violations above indicates the following:
"NOTICE OF Violation — 31 Fairview Terrace" (sic)
You are hereby ordered to discontinue and correct the following violations described below:
A). The property has an accumulation of trash, junk, garbage, and debris that is visible
from off-site view; All garbage must be stored in weatherproof containers. PMC
1.10.075(G)(1), PMC 1.10.075(H)
B) The vegetation on the property is overgrown. Cut all weeds and grasses to 6 inches
or shorter. PMC 1.10.075(D)."
The compliance date for the above mentioned violations was February 27, 2017 with a follow-up
inspection being conducted on February 28, 2017.
APPLICABLE LAW:
5. The applicable law is as follows:
A. As set forth with particularity above;
B. PMC 1. 10.075 as to what constitutes a public nuisance substandard maintenance conditions; and
C. PMC 1.14.020, PMC 1. 14.050 as to due process and imposition of penalties.
EXHIBITS RECEIVED INTO EVIDENCE:
6. Exhibits 1— 4 inclusive, as follows:
Exhibit 1: Without objection, a sixty-six page document entitled Hearing on Administrative Order,
Staff Report was received into evidence.
Exhibit 2: Without objection, a one-page document consisting of color copies of four photographs of
the subject property date-stamped March 20, 2017 at 7:30 AM was received into evidence.
Exhibit 3: Without objection, a one-page document entitled Violations not corrected on March 20,
2017, 21 days was received into evidence.
Exhibit 4: Without objection, a one-page document entitled 338 Grant Avenue Administrative Costs
and Penalties Worksheet, was received into evidence.
Page 4 of 8 338 GRANT AVENUE, PETALUMA CA 94952
APN: 008-433-030; Case #: CE16-365
22
PROCEDURAL DUE PROCESS:
7. Neighborhood Coordinator Garcia testified that the erroneous address of "31 Fairview Terrace"
(sic) in the attachment was a scrivener's error.
8. In California, procedural due process requirements in a quasi-judicial setting such as in the within
hearing require "reasonable notice and an opportunity to be heard before governmental deprivation
of a significant property interest". Horn v. Countv of Ventura (1979) 24 Cal.3d 605, 612. The notice
must be of a type "reasonably calculated to give the person interested in the property knowledge of
the proceeding involving that property." 2 Witkin, California Procedure, Jurisdiction Section 263 (56'
ed 2008)
9. A review of the NOV on page 39 specifically indicates that the property at issue is the subject
property at 388 Grant Avenue, despite the Fairview Terrace address listed on the attached page, page
40. First it indicates it is based on "inspections conducted at the captioned property" (which is
identified as 388 Grant Avenue). Second, it lists the specific dates of the inspections from October
25, 2016 and February 6, 2017 at the property. Third, there was a history of two previous corrections
notices and three administrative citations at the subject property detailing identical lack of
maintenance violations at the subject property. Finally, the March 1, 2017 Notice of Hearing on
Administrative Order identified the same violations at the subject property as still existing after a
February 28, 2017 inspection.
10. Upon consideration of the record as a whole, this single scrivener's error resulted in no prejudice
to the property owners particularly when service of the NOV was accomplished by both mail and
physical posting at the premises. The contents of the NOV and its manner of service amounted to
notice reasonably calculated notice of the proceeding and the property interests at issue, adequate
procedural due process therefore having been given to the property owners.
ADMINISTRATIVE PENALTIES:
11. Pursuant to PMC Section 1.14.050, the City of Petaluma alleges it is entitled to administrative
penalties for the property owners' failure to comply with the February 6, 2017 Notice of Violation
(hereafter, "NOV").
12. Pursuant to PMC Section 1.14.100, the City of Petaluma requests imposition of a penalty of
$250.00 per day, per violation after the compliance date of February 27, 2017, listed in the NOV is
appropriate and requested Administrative Penalties in the amount of $10,500.00 through March 20,
2017 (21 days after the date of compliance) for each of the two violations and that such payment be
made to the City within 90 days from the date of this decision.' (Exhibit 3)
13. The City of Petaluma also requests that the additional administrative penalties of $1,000.00 per
violation, per day, be imposed, from the date of this hearing for any code violations that have not
been corrected by the compliance date specified in this Administrative Hearing Decision.
Page 5 of 8 338 GRANT AVENUE, PETALUMA CA 94952
APN: 008-433-030; Case #: CE16-365
23
14. The City has proved by a preponderance of the evidence, both documentary and testimonial, that
as of the date of the hearing on March 21, 2017, the following violations were still outstanding at the
property, past the February 27, 2017 compliance date outlined in the NOV and continue to exist:
a) The continuous presence and accumulation of trash, junk, garbage and debris, on
the Subject Property visible from off-site view and having been observed by City staff
as far back as October 2016.
b) The Property Owners have been provided sufficient noticing and time for abatement
of the trash, junk, garbage and debris and overgrown vegetation, as of the February 6,
2017 NOV.
15. The property owners, Jill Burnell and Alexander Burnell have not abated the violations
described above, nor does it appear that they have attempted to abate these violations.
16. The above-described conditions specified in the Notice of Violation (NOV) are in violation of
applicable law and which conditions constitute a public nuisance as defined under Chapter 1.10 of
the Petaluma Municipal Code (PMC) and such conditions continue to exist.
17. Based on the testimony and the facts of this case, the property owners have been provided
sufficient notice and time for abatement of the violations described in the NOV, as well as the
corrective actions sought to be completed by the City.
18. The City is authorized to issue penalties up to $1,000 per day, per violation. The City's exercise
of its discretion under PMC 1. 14.050 of a $250.00 per day per violation thorough March 20, 2017 is
warranted upon consideration of the factors set forth in that section and in particular, the duration of
the violation, impact on the community and the lack of difficulty required for restoration of the
property to compliant status.
19. The City is authorized to issue and the Petaluma Municipal Code and the City's adopted
Schedule of Penalties allows for penalties up to $1,000 per day, per code violation going forward.
ADMINISTRATIVE COSTS:
20. Pursuant to PMC Section 1.14.120, the city may recover its costs to abate nuisance conditions or
other code violations, including without limitation the costs of any appeals hearing or OSC hearing
(including staff time necessary to prepare for and attend an appeals hearing or OSC hearing), any re -
inspections required to determine or confirm that compliance has been achieved, production of all
staff reports, environmental tests or measurements that are deemed necessary or appropriate by the
enforcement officer, third -party inspection(s) or consultant services as deemed necessary by the city
and any attorneys' fees incurred in pursuing enforcement.
Page 6 of 8 338 GRANT AVENUE, PETALUMA CA 94952
APN: 008-433-030; Case #: CE16-365
24
21. The City of Petaluma first requests administrative costs in connection with this enforcement
action in the amount of $ 551.40 after the Compliance date of February 27, 2017 through March 20,
2017, the day before the Administrative hearing. (Exhibits 3 and 4).
22. In addition, the City requests further and additional costs related to this hearing of this matter, to
wit, the Administrative Hearing Officer fees in the amount of $1,817.90 and the cost of
Neighborhood Preservation Officer Joe Garcia's attendance and testimony at the administrative
hearing, in the amount of $53.01 (0.5 hour at $106.02 hourly rate) for a cumulative total of
$2,422.31(i.e. $551.40 plus $1,817.90 plus $53.01)
23. Based upon the aforementioned conclusion of law regarding the property owners' liability to the
City for Administrative penalties as set forth above due to their failure to correct the NOV violations,
the City is entitled to its administrative costs as adjudged and decreed below.
III. BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF
LAW, IT IS HEREBY ADJUDGED AND DECREED THAT:
1. The testimony and documentary evidence presented at the hearing has established by a
preponderance of evidence that the failure to maintain conditions as set forth and identified in the
February 6, 2017 Notice of Violation issued and duly served on the property owners existed
through March 8, 2017, continue to exist and constitute a public nuisance under Chapter 1.10 of
the Petaluma Municipal Code.
2. The Petaluma Municipal Code and the City's adopted Schedule of Penalties allows for
penalties up to $1,000 per day, per code violation.
3. The property owners Jill Burnell and Alexander Burnell are hereby ordered to pay the City of
Petaluma $250.00 per day, per code violation, in administrative penalties for the violations
specified in the Notice of Violation that have existed on the property from the day after the
compliance date of February 27, 2017(21 days from February 28, 2017 to March 20, 2017,
inclusive), in the total amount of $10.500.00 ( 21 X $250.00 X 2violations ) within 90 days
from the date of this Administrative Hearing decision. Payment is to be made to the City of
Petaluma, Administrative Services Department -Citations, 11 English Street, Petaluma, CA
94952.
4. The property owners, Jill Burnell and Alexander Burnell are hereby ordered to pay the City
of Petaluma its existing administrative costs through March 20, 2017, of $551.40 plus the
additional administrative costs for staff preparation and attendance at the scheduled administrative
hearing, of $53.01(0.5 hour X $106.02) and the Administrative Hearing Officer's expenses, in
the amount of $1,817.90 for a cumulative total of $2.422.31 within 90 days from the date of the
Hearing Officer's decision. Payment is to be made to the City of Petaluma, Administrative
Services Department -Citations, 11 English Street, Petaluma, CA 94952.
Page 7 of 8 338 GRANT AVENUE, PETALUMA CA 94952
APN: 008-433-030; Case #: CE16-365
25
5. The City Clerk of the City of Petaluma is hereby authorized to record at the Sonoma County
Recorder's Office a lien against the subject property for the combined total of the administrative
costs and penalties awarded by the Administrative Hearing Officer, to the extent that such amount
has not been tendered to or recovered by the City within 90 days of the date of the Hearing
Officer's decision.
6. Property owners Jill Burnell and Alexander Burnell are hereby ordered to correct or
eliminate any violation, including a proposed schedule for correction or elimination of said
violation within twenty-one (21) days from the date of this Administrative Hearing Decision, or
April 21, 2017.
7. The City also is hereby authorized to impose additional administrative penalties of $1,000.00
per violation, per day, from the March 21, 2017 date of this hearing, for any code violations that
have not been corrected by the compliance date of April 21, 2017 as specified in this
Administrative Hearing Officer's Decision.
8. The City of Petaluma is hereby authorized to abate or cause the abatement of a nuisance
condition in the event that the property owners Jill Burnell and Alexander Burnell have refused
or have otherwise neglected to take steps to correct or eliminate said conditions by April 21,
2017. If the City of Petaluma undertakes to abate or eliminate any nuisance condition as provided
in PMC Section 1.11.030, the City shall be entitled to recover all costs of abatement incurred in
performing such work and other costs necessary to enforce this order. Such costs may be
recovered by the City as a personal obligation and/or through a lien or a special assessment on the
affected property as provided in Section 1.14.140.
9. Pursuant to PMC Section 1.14.110, this decision is a final decision, subject to a right to
judicial review in accordance with California Code of Civil Procedure Sections 1094.5 and must
be sought not later than the ninetieth day following the date on which this decision becomes final,
except that where a shorter time is provided by any state or federal law, such shorter time shall
apply.
DATED: March 31, 2017
VANESSA A ING DA ENPORT
Administrative Hearing Officer
Page 8 of 8 338 GRANT AVENUE, PETALUMA CA 94952
APN: 008-433-030; Case #: CE16-365
26
PROOF OF SERVICE BY MAIL - CCP §1013a, §2015.5
I, the undersigned, declare and state:
I -am employed in the county of Sonoma, California. I am over the age of
eighteen years and not a party to the within entitled cause; my business address
is: Law Offices of Vanessa Aching Davenport, Esq., P.O. Box 1437 Santa Rosa, CA
95402
On March 31, 2017, 1 served the attached:
DECISION AND ADMINISTRATIVE ORDER OF ADMINISTRATIVE HEARING OFFICER
REGARDING THE CITY OF PETALUMA HEARING ON ADMINISTRATIVE ORDER
NOTICE OF VIOLATION, AS TO REAL PROPERTY LOCATED AT 388 GRANT AVE.,
PETALUMA, CALIFORNIA 94952; APN: 008-433-030; Case #: CE16-365
on the parties herein in said cause, by placing a true and correct copy thereof
enclosed in a sealed envelope with first class (certified) mail postage thereon
fully,prepaid, in the United States mail at Santa Rosa, California addressed as
follows:
Joe Garcia**
City of Petaluma
Neighborhood Preservation Officer
P.O. Box 61
Petaluma, CA 94953-0061
Jill Burnell**
Alexander Burnell
388 Grant Avenue
Petaluma, CA 94952
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct, and this declaration was executed on March 31,
2017 at Santa Rosa, California.
4. 3N/q,J-f
VANESSA ACHING DfENPORT
1 27
Mi OF 14MLI MA
I I I V Is W NO- to D MW IN I STRA HVF"' ORF)LR (M I I L;ARN(i (A i`ICT'R
RRAIMINU CUDF VOCA Al IONS(_)N CLRTMN RI'Al IJ)CATL 1)
YJ
PTs 136-30=8
(M Mali 6, 2019. as Lhd% MOCCd PUhhC 1 kanng Nvls h0d ktore, SherI Sichafincr-'a
Fleming Offilcef appinid bv the Chy off'etalwna 110 City')_ rcgarchn� as Notice of
Vin I aWl (My QW) tsSued On (100hir 30, 2018. 41 11110 l'StatC R, QLN I ice, Q1 al,
R(Aviia A (Quilice, (YesImmisihic PurW), rqaidine iQ.al projvrty lc)caled it 1 505
Reasant Drivc. Petaiurna. CAN& (APIN 134391018) Ulhe Jwopeny-'�
Hawykenwomby thc(Urk. CA, of!"Munia
Coorkhnator'ior` CAM appearcd, tes'lified zmki prescnivd docunicntarl Qvidcnce ono hehalf'
ol'the(WaridSharon (,)LHHCC,iaS
daWhw 4 und an approw heu w Qc wate orJorp; lrr ('�ojjjCe 'rhe I L' w s
recordcd hv the Ca-, Crark-
RELAEF
Fhe US alleys W to Ism Werg R. k4jjCQ &
acOng kort behalf or the deceased toNver of record of the 11openy. kay R. (hulke,
haS 601utCd Pellalijnla ('k)& (PNM('B I - 10r075(6)(7lby storinzg"
nwfieraiivc \ ehicks con to: prclvrqr OW1 are %:jSjj)lC frtn-n (IffS
_ne o,
I Hi 079 IN hy rnamhmng overgroNnw weeds suid wpenaw Mughout the
ponqw, I I Of 0501, W maintaining dead shruhs and deforis the
pupon). and I I WAG p I ) It, allo%ang a Rifle aCCLH11U1,0R)10 oftrashjunk. and
debris to collect tin tho 1wopen) Kai is vAble from the sincet and neq,,hbormg
pnjwnws
I he Chy all ges thm A Mued and pmTedy sen ed up)n the ResponAble Paras
MARe AF VAMon daled (MAw 30, 201 S. orderm,,,,, the kc-s'pconsible Party to
ahatc dic, \ iolantms set oul in allegation number (joe aj)oNLC b� Mweniber 15,
20 18. "Iwn a SYM-up inspMan WS SCIMILded to be Coriductcd to verif;
Comphance Nvidl thQ N()\�'
3. The CAv allywWai the al'ho% o-cNed %, not abated by the
c,omphance aiaste, N(n ember 15, 2018, and convinued urovilmral Wough the Me of
the WDI adninwhM c heanng mi the Mahon, March 6, 20. 1), k -w a total of
oneAuMed and cS en f I I I ) dark S, dCspto ;It'lrncroui phoncand ernad
communlauums and ewhanges woh, and coninihnienis Q. represenimb es of the
Responsible PartN
IM
4 IS Q) petubned at hearing dial An conAnons ,it thw Propcnt be J,:clared as
nuisano:. asks IN pisnalues ol'S250 per da~ IN each oat he four nolud % iolau'uns,
tolalhig S I ?HA) NI per day Ar the tbrt�,-Tnne ( I I I) days t0iolationy inks that
COM5 he amemed. that an order he issued, to Parly cc'as! ftjrlhc�
% KAWKWS and U) abato the condinons at the Noperty, and Finally. that Rdlim,
muldiance Ah unch am order, flial the Oty R miduAW ui pursue is om-n
abatement of We n"munice condnions arid recovvT is coms. RY %mne,
HANING CONSIDERED :01 of the cKlence 1wesented, both oral and dovul"entury,
theA.dministrative Hearing mneer imukes the 10,01ouing Findiijgs of U'act and
(hathsions of Lau:
1INDINGS t W 1. IC71 AND CONCLI OWNS Of LWYN-
The Sonoma Recoulel's OW morale rej,ardin:,:, AP -N n 1,',6-3,91-008 tth��
sullect Property I Wv huit Jcrry R Quilice and Rober-ta S. Nvcre thc
pnTenj o"mors since at feast ,Apr 28, 1991 and dmi on Augmt 21 :201 -1
1101-)COA (,n-UhC,e 11,11"Od a", and ba cm Wymst 1.2. YJ15, JkrrY ()mho: pamed
a" ay Fhe sore nee uame and ni& ling address bled m it he Sonmna CWnt-,
A:,sct;sor'�s' ol'fice fty this Parcel is Av Estate ot'Jerry R, Quihceet al', 1505
Phc,mml Driv�, Petaluma, CA 94954. Fhe lWaic of.lcriy R ()U0iCC IS d)CFCfCoC
111V kesponsfl)'Ie Pam dbr lIWJIOSCS Of MP� PTOCeedilltrt
Ofl'icei- Oaii:ia sulmimod evidcrtcc in the Corm of as "Hearhig, or-. Araartaist
Scarff, Repm.- rel' ch SWUMC11t `iUS NCeii'Cd Into e\frdCDCC a,, FXhihit A,
Rhibb. A contains documcnts, sho"ing the history ohnspections and e6cicnec of
the code \'r%flaniinn set inn in allegmioii mimber, ono A= as mell as rumnemus
communiWons lwhnvcn OfIker (immia and rcpresoinafic,; oaf. the Responsible
Pany NOW, numerous Im ior notkis and citathins. imeractlotis %Wth the
dccedcni's c,,iate` s avlornc, ramh% . and real estate agetv IN the Prqxn) ,
spannmz��;. the Haasel'rwmv bor"cen Januan, 30. 20 17 to the date of the Want
huanng, WaS 6, 20m rxhihi A conudns the copies ol-thc NOV rel'erenccd ni
the allegalion" and nwiocs rkkiattito a thercto, pholo"-"�raphs (A'Condinon" on 11IL:
Piopo'ltlrrdoritalraarat the pci k'kl in c;Won. and com 5huls and aces Or sudT
tirne and proposed punaluin;
3. At Me heming, Offic2i Garcia sdunit-ted addiOonul e% ole seta. photogn-aphs ofthe
p101'ref-th taken h ( 10ker Oarcra of die Nopen� on %,Iarch (1, 20 1 (), before drje
NO, ireconed boo evidence as l"Whit lip: and an updated \�olkshcet
calculaiNg comi and Imposed perialtles as or the clate or the hearing (recenul
inn c\ idence aid f C8.
4. Alley marling vings INH led to the cancellaik-.)n and re�chcduhnt� ofthe instant
henriniLg, on February 4. 21114, Nlloer Garcia issued as Reschedulod Notice (A'
I Wing on Adriumstranve Oder to the hop ert�, I he Notice of I Jeann�°
was sent via Nst class mad tis Il,- I- taic ot -rN R, Quflicc. and die Camfl�
29
inanhers Hnd mornel; that had hck;,n nil' oh W in the wiarter to date ji
repwsQntao I N es oft he esque, NO xIcr,ism, NIS (hd IV e. and the probate La have, Io
the estale Mr. Suvk. and as U. /aMg0VL A aTy ol'the NoliCe Ln'l learing was
ASO POSICd On thC' Property and phmographs ofthe IwUng wre taken
0111ccr Garcra also rtxoidud a ?Axwc of Code Tolaucni on the sul:Qect Property
it ith We Stmon-la Clunw R&Oalb 14 WICC
i%
[LI a ri 11 L ( ) I' i the Nwlurch 6, 20 P-) PUbhe, I Ickn P hCRUC 111C AdininiSn',M� C c I a:c t
OUT' vx (ju Kia inlrochiced subslanlW evidence supjwwrtin�, a hirding, rill that
Ille Citt -'> alle'-'ations set 01a in aNegation Mlilll)U (WO abo% e wcre true at Me
urne oflag N()V on ( Wwr 30. 20 18. had not been abated as, offlic nispection
Conducted on the COMPUMC, dale, No,, cinber I 5, 2-01 R, state that the ordcr hadf
ad! aoi been cowqked "Ah as of March 6, 2^0l Q, th,2 date ofthe Instant
adminiAmOve horing, a UK reQVMU rynod and Llevcu ( I I I
Am of N Wkwis-
11 At we AAMtah (), 2()J ) sharoll Acotat appk:arcd on hChalf'ot'diQ
fics1wirsible Kin,, nmwe Nxedcally ypeal,ing on lichalfol"her dacq.,hier [It iQ
QW, "ho lNew in Fiat Owl, Q awy-ney "as lNesou on hehdf of9re estate
7. At the heanne, N1s Acosia Lim! w Upwe an) of the hacts or allegalkins set out
ll� 011-ict:i, Garcia.
K Al the hearuip. MY ALOW [)PeSt�ff[Cd Zt iajjjjl� and T
in crisis twer sevend Nwas, as "uhl as oRymiT chfikuhm in Me adminioaricun of
the probate ofthe Of"QUiliCS She m5ed % the fines he reduced and that
dwy be gwen more 6ine tck ahatc the properi� She lurtherawed that she had
aranged t iwk on the Floponq to begin the kkknda\ l'ollowing the hearing,
lnckjdin'-' 111C lcaaairiM of -Ora +lt3'ac 11ropol'al-,le �rejjjCICS. gJS aNjl as other. spocific
Q, llcnahieot'up to S I AW per &q j violatki = atahoKud 1q; PNIC whon
1. 14 lWDY ;uid the Scheduic ol'Porialtie,� acklmed by the k7u; US, of
PcIOIUMA, RQS0h,Tfi0n No 20l �- 1: 118 N C,S , LNI"N' '\, I)j)L
nal e%rj,jCjjC, 'Nvw, prescntedk and %%an unref6bod 111C R'esponsflhle Purl� -'
wrlarting 11ndings On w inqw0le vehicles, oveyrosyn wc& and an
accuni a I'll i on of ham! jwQ gadNge and delvis wme %aved lo develop and wero
niainw6i,,:d on the �jtc uriabatcd ffiroughout the onc-fruildred and eleVtl ( i I I i
days in quemn. rhN 1 Raring ( Wer Hnds. ho"aw wrtic quesawable o% et -Lap
and duplikonon in Imsing jwvahws on PNK: 110 07N Q rimimainny dead Aitubs
aiki debris throughout W pnqvny and Ohler Ch,ed J'Nj(' CO& scooll":
I I W% 1) 1 mamunmg o� ergro%��n N%L:ed, wkl \ egeLaw dwoughow the
propeny and I 10 ONG Of i allo"ing at larL!e 1CCLDnUk.1ti0n jUnk, and
debris to collect on the prilien, tat is % isible frornarid rani ala��aariaa'b'';
. the street
3
WE
picppertre� ()n this baqs the record huppons 11-i9co not Aun sep,wan Maims
per day-: for a total S750 l)Qr da�
I I , (Isis nlalv be assessed as ImovidQd 1.1..i'NIRr' sWi()n: I r 1 4 120, and the record
snpporl� 1he anlounis
12, CKIAcer (On cm and N1 s Acosta ruaclwd an Mwai agrcenient ton We wtuxi-
suaing that both nidus would lie avj,':jrjaJ-)jC ti, a SIM, of the imposhion ofsorne or
A ofthe pcnathims and oar a Sue, allm%ing NN Acosta to a�ca'K %%nh the rcsl (0
the imemimed PCTSCHISthc Responsible Part) . inchiding dw Prc6an:
Wal an necritY, to abate the % jolanone by no lator 111an eApril S, 22t --H at
Was indlatal fliat this was as fcaihlc tniiQ penod in "hWh to do Ow rcWthod
cfeanup I( I ach° � conlill ianct:
13. -1 he innc %N, idin "hwh jKcial rNew orthe penniq impowd by IN oukr mu'.'I
ju&Craj
hW vnighl is Koh'.ah) (Wei nnient Code Section 53069.4 re%rie1%
niut l h� sou g
ght not Inter thrui twenty days after savice of dw Wa aorta poNg or
coil fi rn� in,-, such pcnmliy
BASED 11UN THE FOREAHNN Findings of Frict and MeNsions uf Lou. R is
HERE111 MIUDGED AND DL( RELD that-
Thc Conditions conwaing We condinons w the-Trof)eq resultvily in W
% Wkwns 4peci6'ed in the Wke ofV40muin Wed Woher 30, 2018, and 1woved
(�ftjt,,: e� idence at hearing,, a2xisted a5 allej4ud on the
cornphanco date set out in tho NOV uFAW-ember 15, 2014, and connnued
Amnigh the dwc ofthe hearinu. N'Iiivh 6. 201")- and (It) constiww as nursance,
Based on the faci�,:and findiqgs of this Decision aild ( tua a. the Paw%
A ordaud to pal pun aRks fo- thea; otjC_Ir)UndrQd aInd C�eN CH m' I I I )
da� s W'vtolwrons shm%w at S-250 per day for Cach liar \ iolations, of' PNIC Sections
I 10 ;On 1) L 1 10 051 G X I ) and L H) WAG ; 7),�:
IN Responatle ISO, is ordered to paA the C'itN 's adninnsr i c( s
I at is in IN
au=1 Wi 79514.
1 he CA is aim) audwidzed to ivon er the costs RN suaT Unw and admAvinnake
heaHng othecr inne reknini-� to the hearin,,,,, on this nwuter, In Me interests of
assns iruairuaaµ the avalthda oNue procesfor indk idt.uafs (iflirnocd finarroal
3incank and in Me Newts oNnaqualling nllq-�ed, Re-,ponslbk Parties hi ntake
full we of uprvi-tundes kv- admirstnuive rookition MH nwers possible,
howe% cr, 0iosc costs art m assesNed A this order -
31
5 Ao, hidicatcd "Wd be apreeKe n) both (Ifice r 65,rwcia and N1s, Acosta at
Wanng. one haW of to penvd6ev S410210I,I, a rc tollilff3l-dy SUSilondod and NVI I I
hecome perninnently "Wed Tand onk WdweChy impeakwis dennnAw thm the
% WIMAMS at We in thk manor are UK mid nausi'actorHY ahated h' Aprii 8,
2019
(L 1QUARSS kT%-0-WbCF the RCSpoivsib'k: Party succcssfi.M1-neets comphancc� 1)
tile \piii 8. N 11) dale for SUSPMSHNI Wolf the penahies as set oto almn e,
FlesponAde Pan) is heTeby ovdered to correct (w ehinAwte be vN&MUs shmN n
M0161 vent, -onr cak:ndar das From tile da ie of mading (it' this Decision
and (Order
7 f he CRY Clot is awhordcd to Ncud at the %xvina CounsRvcordo's 01 1 Ice a
and tw IN ngwnm the p"peny Anhe combixied W N'
S84M4545 as ordored herum if cmnphawc is riot inet by April S. 2019, or
QUM M Ame haWofthc 1wahics are rendered Qfi�gihk� io'l perillanent \vai' ev
due to comphatKe being nov by Wt dwe — if and to the emon that such Wes and
aws Wo not Wen Uk wnducd to (a recowrod by die Cry WON 141 days tat`
the dale of1his NOW nod (:tr'aS.
8 Ile Oq is autWnwed to rhu-mic is tw%n abalenwnt tithe rudsancc condthons-
haund herdn, O'div, Responsihic M, IdIsto take the roquh-ed sieps to corrw or,
chnibute saki condinorv, bthe cornoimwe dine so owt My 121 days Aw
rnwJmQ of % Depwi wd (Aday (As audrowed by Mf Y&CIRM
1 14 IS 1) 7 r
a. fftiw ke;ponsiWe Parl� 1'a0s to ahawthe nuilaimu conchoons as reqwred by this
De6sion and OtAr. and the (Aty is Mawkwc cotnpAled to Imrsue is (mvn
abatol I Olt 01' 01C nUl'Sa I IQC COnd I I tons, I hell I' LN-S11111'a it) J)r\'I(,' ;awe i0o I, I 1,0 30 the
shail he Q11i'll,ed J() JrQs,oVer aH ctutS ofjj-�aJt�ojCijj rTICLIt-jr,Cd jrj pefj-()rjjjjjrj,�,,, aCj-j
M)rk indolhicr WsIS neceSsary to unft)rce the ordcr
I Inud. NI am h 15, 2 0 1 �)
I
S H 1 It A Y S(A I A F N F It
AdIANSANALf I Waring-Mirer
32
P110017017 SERV 1i:4, M NI'A I I , — ( ( Pis F'(71 -10N" 101201
I- flW Undcrscpx,',ddecJare and late,
I arn o%vr the ay c of cghwen vemy and no a pan, k) dw Witlul er!600] C,IUSk' %M110SMCSS
addvcs�, €s' 2751 Anath Sh, a AR, Sam Rosa UA 95405
A NIM 15, 201 Q. I caused io be mved the avrache&
DECISION AND ADM IN IS I RA FIVE ORDE'tt OF 11FAIIING OfTICEFt REWMIING
UME %1101A VIONS WI ('I, -,R IAIN' REAL PIMPEIM" 1A)CATEDAT 1505
FWASAM DIUVE, PFFAIJAIA, (AMFORNIA. Mi h W3914108,
on the panK horcin m saad cause, b� causing to be phwcd as tw and ecx'vect cop�' dlercM'
wwNved W as saMmi em ek')pQ N�, nh hrm Ass maO posLay thereon full prepmd. in t1w
Smus mail at Swim (-'ahibrma. Adressed as 011mv
CHI CIMIK
i1v ol, Petaluma
H) F30 61
tleialuma. ('A 94L)5 -1-00(i t
L,SlUte 01'klfRr ()krnhCQ Q( '11€
l505 Phleasaw Dri%e
Makunn (A 04952
cmaded as reque,;-"ted to:
SI MNn A C 12 J t ' S I I "A I � n '� �1 '1� t'a i I' �'7' r 7 1 " I i I C o t I I od
(Alter Cimma at QSall w petal urnaxam,
I declare under pcnaky c1pepup under the laws of the Stale oWalikinA that the lbregAng is
trnC and aml this declanaim w oxecuted on I chmay 15, 2019 at Santa Rosa,
COHRUKa,
33
CITY OF PETALUMA
DECISION AND ADMINISTRATIVE ORDER
DECISION AND ADMINISTRATIVE ORDER OF ADMINISTRATIVE HEARING
OFFICER REGARDING THE CITY OF PETALUMA HEARING ON
ADMINISTRATIVE ORDER NOTICE OF VIOLATION, AS TO REAL PROPERTY
LOCATED AT 31 FAIRVIEW TERRACE, PETALUMA, CALIFORNIA 94952; APN:
008-253-016; Case #: CE16-389
A duly noticed Public Hearing was held on March 21, 2017, before Vanessa Aching Davenport,
an Administrative Hearing Officer appointed by the City Council, City of Petaluma, to consider
the abatement of a notice of violation as to that certain real property located at 31Fairview
Terrace, Petaluma, California 94952, and more particularly described as Assessor's Parcel
No.: 008-253-016 ("the Subject Property"). All interested parties were provided an opportunity
to attend and be heard. All oral testimony of Joe Garcia, City of Petaluma, Neighborhood
Preservation Coordinator who is the Issuing Officer and designated Code Enforcement Official
was taken under oath. Property owners Mark A. Esenberg and Lynette M. Esenberg failed to
appear or otherwise submit any documentary or testimonial evidence.
HAVING CONSIDERED all the evidence presented, both oral and documentary, this
Administrative Hearing Officer makes the following Findings of Fact and Conclusions of
Law:
I. FINDINGS OF FACT:
1. Mark A. Esenberg and Lynette M. Esenberg are the subject property owners.
2. Background: On November 8, 2016, the City of Petaluma received a complaint regarding the
Subject Property. The complaint stated that the Subject Property did not have weekly garbage
service, trash, junk, and debris was piling up throughout the property, inoperative vehicles
were stored in public view, vehicle parts were stored in public view, and vehicles were parked
on the lawn.
3. On November 9, 2016, Petaluma Police Department ("PPD") staff conducted an inspection of the
Subject Property from the street. Staff observed two inoperative vehicles, a vehicle parked on a non-
permanent surface, and a large accumulation of trash, junk, garbage and debris. Photographs of the
subject property were taken. An email from NorthBay Refuse and Recyling confirmed that the
Subject Property did not have active weekly garbage service. A corrections notice was issued and
mailed to the Property Owners at the Subject Property. A compliance date of November 30, 2016
was indicated on the corrections notice.
4. On November 29, 2016, Lynette Esenberg contact Neighborhood Preservation Coordinator Joe
Garcia to request additional time for compliance. Ms. Esenberg was advised that more time would be
granted if she was to establish garbage service and to set up a donation pick up for the Oldsmobile by
Page 1 of 8 31 FAIRVIEW TERRACE, PETALUMA CA 94952
APN: 008-253-016; Case #: CE16-389 34
the end of business on November 30, 2016. Ms. Esenberg stated that she would call back with the
status of the donation, that she would have garbage service established, and that some cleanup of the
front yard would be done by the end of business on November 30, 2016. Ms. Esenberg also stated
that the red Nissan on the lawn needed a clutch, and that would get repaired soon and moved to the
driveway with a car cover over it.
5. On December 1, 2016, PPD staff conducted an inspection of the Subject Property from the street.
Staff observed no changes to the Subject Property. No noticeable attempt had been made to correct
the violations. Photographs of the violations were taken. No phone call from the Property Owner
regarding donation status had been received by PPD staff. Furthermore, no attempt to establish
weekly garbage service had been made, per NorthBay Refuse and Recyling. Administrative citation
CE16-389-1 was issued and mailed to the Property Owners for failure to correct the noted violations.
A compliance date of December 7, 2016 was indicated on the administrative citation.
6. On December 14, 2016, PPD staff conducted an inspection of the Subject Property from the street.
Staff observed no changes to the Subject Property. No noticeable attempt had been made to correct
the violations. Photographs of the violations were taken. No phone call from the Property Owner
regarding donation status had been received by PPD staff. It was noted that garbage cans had been
delivered to the property. Garbage service was confirmed to have been established. Administrative
citation CE16-389-2 was issued and mailed to the Property Owners for failure to correct the noted
violations. A compliance date of January 1, 2016 was indicated on the administrative citation.
7. On January 17, 2017, PPD staff conducted an inspection of the Subject Property from the street.
Staff observed junk, trash, and debris in and the driveway and side of the house. The Oldsmobile was
gone. The red Nissan remained on the lawn. Photographs of the violations were taken.
Administrative citation CE16-389-3 was issued and mailed to the Property Owners for failure to
correct the noted violations. A compliance date of January 29, 2017 was indicated on the
administrative citation.
8. On January 30, 2017, PPD staff conducted an inspection of the Subject Property from the street.
Staff observed junk, trash, and debris in and the driveway and side of the house. The red Nissan
remained on the lawn. Tires were stacked up next to the garbage cans. Photographs of the violations
were taken.
9. On February 6, 2017, PPD staff conducted an inspection of the Subject Property from the street.
Staff observed junk, trash, and debris in and the driveway and side of the house. The red Nissan
remained on the lawn. Tires were stacked up next to the garbage cans. The vegetation was noted as
being overgrown. Bamboo along the southern/downhill side of the property was overgrown and
blocking the sidewalk. Photographs were taken of the front yard and driveway.
10. On February 7, 2017, the NOV dated February 6, 2017 was issued to the Subject Property for
trash, junk, garbage, and debris, inoperative vehicles stored in public view, vehicles not parked on a
permanent surface, vehicles parts and tires stored in public view, overgrown vegetation, and
vegetation blocking the sidewalk. A compliance date of February 27, 2017 was indicated on the
Page 2 of 8 31 FAIRVIEW TERRACE, PETALUMA CA 94952
APN: 008-253-016; Case #: CE16-389 35
NOV. A copy of the NOV was sent regular, first class mail. Another copy was sent via certified mail,
return receipt requested. Additionally, a copy was posted on the Subject Property. Photographs of the
NOV posted on the property were taken, along with more pictures of the violations. A Certificate of
Service was signed by Joe Garcia, Neighborhood Preservation Coordinator. The certified mailing of
the NOV was marked Return to Sender on March 7, 2017, being Unclaimed.
11. On February 28, 2017, PPD staff conducted an inspection of the Subject Property from the street.
Staff observed no changes in the conditions of the property. Photographs were taken of the
violations. (Pages 74 and 75 of Exhibit 4, Staff Report)
12. On March 1, 2017, a Notice of Hearing on Administrative Order was issued to the Subject
Property. A copy of the Notice was sent regular, first class mail. This notice purported to set forth
still -existing code violations on the property as of the February 28, 2017 re -inspection date. (See
pages 57 and 58 of Exhibit 4)
13. On March 8, 2017, a copy of the Notice of Hearing on Administrative Order was posted on
the Subject Property. Photographs of the Notice posted on the Subject Property were taken, along
with more pictures of the violations.
14. On March 20, 2017, Joe Garcia, Neighborhood Preservation Coordinator again inspected the
property and observed that the condition of the subject property was unchanged from the March 8,
2017 condition. He took four photographs from an off-site view of the property which copies were
introduced into evidence as Exhibit 1.
15. City Preservation Coordinator Garcia credibly testified that while posting the Notice of
Administrative Hearing on the garage door he observed trash and junk at the premises, which was
visible from the street view, including a yellow bucket with a roll of carpet and other items of trash
store around but not in the trash cans as well as the existence of the Red Nissan on an impermanent
surface, which did not appear to have been moved since the last inspection of the property, uncut
grass in excess of 6 inches, bamboo growth from the property blocking the sidewalk. He also
testified that a pamphlet entitled Vehicle Storage on Private Property was served on the property
owners along with previous Administrative citations. (See Exhibit 4, Staff Report, page 43).
II. CONCLUSIONS OF LAW:
1. Mark A. Esenberg and Lynette M. Esenberg the subject property owners and Responsible parties
pursuant to PMC 1. 10.020 were duly served at the address listed with the Tax Assessor's Office,
with all required notices pertaining to this administrative hearing. (Pages 27 and 28 of Staff Report,
Exhibit 4)
2. Notices. All administrative notices were duly served on the property owners. (Exhibit 4, Staff
Report, page 56)
Page 3 of 8 31 FAIRVIEW TERRACE, PETALUMA CA 94952
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ISSUES TO BE DECIDED:
3. The City of Petaluma ("the City") asserts that the subject property located at 31 Fairview Terrace,
is not being maintained, is creating a public nuisance, and is in violation of the City of Petaluma
Municipal Code (PMC) as described in the Notice of Violation ("NOV") issued on February 6,
2017. (Exhibit 4 Staff Report, pp. 45 — 56).
ALLEGED VIOLATIONS:
4. The alleged violations noted and cited by the City of Petaluma in the February 6, 2017 NOV are
as follows:
A). The property has an accumulation of trash, junk, garbage, and debris that is visible
from off-site view; garbage not stored in weatherproof containers all in violation of
PMC 1.10.075(G)(1), PMC 1.10.075(H)
B). Inoperative vehicles stored on the property that are visible from off-site view, in
violation of PMC 1.10.075(G)(7).
Q. Vehicles visible from off-site view throughout the property that are not parked on a
permanent surface as defined by Section 11.070(F) of the City of Petaluma Zoning
ordinance. PMC 1.10.075(G)(6).
D). Vehicle parts and tires stored on the property that are visible from off-site view, in
violation of PMC 1.10.075(G)(5) and PMC 1.10.075(G)(7).
E) Overgrown property vegetation in excess of 6 inches in violation of PMC
1.10.075(D).
F). Vegetation blocking ingress and egress of the sidewalk in violation of PMC
13.04.020 and PMC 13.10.010.
The compliance date for the above mentioned violations was February 27, 2017 with a follow-up
inspection being conducted on February 28, 2017.
APPLICABLE LAW:
5. The applicable law is as follows:
A. As set forth with particularity above;
B. PMC 1. 10.075 as to what constitutes a public nuisance substandard maintenance conditions; and
C. PMC 1.14.020, PMC 1. 14.050 as to due process and imposition of penalties.
Page 4 of 8 31 FAIRVIEW TERRACE, PETALUMA CA 94952
APN: 008-253-016; Case #: CE16-389
37
EXHIBITS RECEIVED INTO EVIDENCE:
6. Exhibits 1— 4 inclusive, as follows:
Exhibit 1: Without objection, a one-page document consisting of color copies of four photographs
of the subject property date-stamped March 20, 2017 at 7:28 AM was received into evidence.
Exhibit 2: Without objection, a one-page document entitled Violations not corrected on March 20,
2017, 21 days was received into evidence.
Exhibit 3: Without objection, a one-page document entitled 31 Fairview Terrace Administrative
Costs and Penalties Worksheet, was received into evidence.
Exhibit 4: Without objection, a seventy- eight page document entitled Hearing on Administrative
Order, Staff Report was received into evidence.
ADMINISTRATIVE PENALTIES:
7. Pursuant to PMC Section 1.14.050, the City of Petaluma alleges it is entitled to issue penalties for
failure to comply with the February 6, 2017 Notice of Violation (hereafter, "NOV").
8. Pursuant to PMC Section 1.14.100, the City of Petaluma requests imposition of a penalty of
$250.00 per day, per violation after the compliance date of February 27, 2017, listed in the NOV is
appropriate and requested Administrative Penalties in the amount of $31,500.00 through March 20,
2017 (21 days after the date of compliance) for each of the six outstanding violations and that such
payment be made to the City within 90 days from the date of this decision. (Exhibit 2)
9. The City of Petaluma also requests that the additional administrative penalties of $1000.00 per
violation, per day, be imposed, from the date of this hearing for any code violations that have not
been corrected by the compliance date specified in this Administrative Hearing Decision.
10. The City has proved by a preponderance of the evidence, both documentary and testimonial, that
as of the date of the hearing on March 21, 2017, the following violations were still outstanding at the
property, past the February 27, 2017 compliance date outlined in the NOV and continue to exist:
a) The continuous presence of trash, junk, garbage and debris, inoperative vehicles,
and vehicles parked on anon -permanent surface on the Subject Property have been
observed by City staff as far back as November 2016.
b) The Property Owners have been provided sufficient noticing and time for abatement
of the trash, junk, garbage and debris, inoperative vehicles, vehicles parked on a non-
permanent surface on the Subject Property, overgrown vegetation, and vegetation
blocking the sidewalk as of the February 6, 2017 NOV.
Page 5 of 8 31 FAIRVIEW TERRACE, PETALUMA CA 94952
APN: 008-253-016; Case #: CE16-389
38
11. The property owners, Mark A. Esenberg and Lynette M. Esenberg despite having made
minor efforts to abate some of the violations itemized in the February 6, 2017 NOV, at the subject
property, including removal of one vehicle and obtaining garbage disposal utility service, have not
abated the violations described above.
12. The above-described conditions specified in the Notice of Violation (NOV) are in violation of
applicable law and which conditions constitute a public nuisance as defined under Chapter 1.10 of
the Petaluma Municipal Code (PMC) and such conditions continue to exist.
13. Based on the testimony and the facts of this case, the property owners have been provided
sufficient notice and time for abatement of the violations described in the NOV, as well as the
corrective actions sought to be completed by the City. (See Exhibit 4, Staff Report, page 56).
14. The City is authorized to issue penalties up to $1,000 per day, per violation. The City's exercise
of its discretion under PMC 1. 14.050 of a $250.00 per day per violation thorough March 20, 2017 is
warranted upon consideration of the factors set forth in that section and in particular, the duration of
the violation, number of violations, impact on the community and the lack of difficulty required for
restoration of the property to compliant status.
15. The City is authorized to issue and the Petaluma Municipal Code and the City's adopted
Schedule of Penalties allows for penalties up to $1,000 per day, per code violation going forward.
ADMINISTRATIVE COSTS:
16. Pursuant to PMC Section 1.14.120, the city may recover its costs to abate nuisance conditions or
other code violations, including without limitation the costs of any appeals hearing or OSC hearing
(including staff time necessary to prepare for and attend an appeals hearing or OSC hearing), any re -
inspections required to determine or confirm that compliance has been achieved, production of all
staff reports, environmental tests or measurements that are deemed necessary or appropriate by the
enforcement officer, third -party inspection(s) or consultant services as deemed necessary by the city
and any attorneys' fees incurred in pursuing enforcement.
17. The City of Petaluma first requests administrative costs in connection with this enforcement
action in the amount of$ 551.40 after the Compliance date of February 27, 2017 through March 20,
2017, the day before the Administrative hearing. (Exhibits 2 and 3).
18. In addition, the City requests further and additional costs related to this hearing of this matter, to
wit, the Administrative Hearing Officer fees in the amount of $2,077.90 and the cost of
Neighborhood Preservation Officer Joe Garcia's attendance and testimony at the administrative
hearing, in the amount of $63.61 (0.6 hour at $106.02 hourly rate) for a cumulative total of
$2,692.91(i.e. $551.40 plus $2,077.90 plus $63.61)
Page 6 of 8 31 FAIRVIEW TERRACE, PETALUMA CA 94952
APN: 008-253-016; Case #: CE16-389 39
19. Based upon the aforementioned conclusion of law regarding the property owners' liability to the
City for Administrative penalties as set forth above due to their failure to correct the NOV violations,
the City is entitled to its administrative costs as adjudged and decreed below.
III. BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF
LAW, IT IS HEREBY ADJUDGED AND DECREED THAT:
1. The testimony and documentary evidence presented at the hearing has established by a
preponderance of evidence that the substandard property maintenance conditions as set forth and
identified in the February 6, 2017 Notice of Violation issued and duly served on the property
owners existed through March 8, 2017, continue to exist and constitute a public nuisance under
Chapter 1.10 of the Petaluma Municipal Code.
2. The Petaluma Municipal Code and the City's adopted Schedule of Penalties allows for
penalties up to $1,000 per day, per code violation.
3. The property owners Mark A. Esenberg and Lynette M. Esenberg are hereby ordered to pay
the City of Petaluma $250.00 per day, per code violation, in administrative penalties for the
violations specified in the Notice of Violation that have existed on the property from the day after
the compliance date of February 27, 2017(21 days from February 28, 2017 to March 20, 2017,
inclusive), in the total amount of $31, 500.00 ( 21 X $250.00 X 6 violations ) within 90 days
from the date of this Administrative Hearing decision. Payment is to be made to the City of
Petaluma, Administrative Services Department -Citations, 11 English Street, Petaluma, CA
94952.
4. The property owners, Mark A. Esenberg and Lynette M. Esenberg are hereby ordered to
pay the City of Petaluma its existing administrative costs through March 20, 2017, of $551.40
plus the additional administrative costs for staff preparation and attendance at the scheduled
administrative hearing, of $63.61 (0.6 hour X $106.02) and the Administrative Hearing Officer's
expenses, in the amount of $2,077.90 for a cumulative total of $2,692.91within 90 days from the
date of the Hearing Officer's decision. Payment is to be made to the City of Petaluma,
Administrative Services Department -Citations, 11 English Street, Petaluma, CA 94952.
5. The City Clerk of the City of Petaluma is hereby authorized to record at the Sonoma County
Recorder's Office a lien against the subject property for the combined total of the administrative
costs and penalties awarded by the Administrative Hearing Officer, to the extent that such amount
has not been tendered to or recovered by the City within 90 days of the date of the Hearing
Officer's decision.
6. Property owners Mark A. Esenberg and Lynette M. Esenberg are hereby ordered to correct
or eliminate any violation, including a proposed schedule for correction or elimination of said
violation within twenty-one (21) days from the date of this Administrative Hearing Decision, or
April 21, 2017.
Page 7 of 8 31 FAIRVIEW TERRACE, PETALUMA CA 94952
APN: 008-253-016; Case #: CE16-389 40
7. The City also is hereby authorized to impose additional administrative penalties of $1,000.00
per violation, per day, from the March 21, 2017 date of this hearing, for any code violations that
have not been corrected by the compliance date of April 21, 2017 as specified in this
Administrative Hearing Officer's Decision.
8. The City of Petaluma is hereby authorized to abate or cause the abatement of a nuisance
condition in the event that the property owners Mark A. Esenberg and Lynette M. Esenberg
have refused or have otherwise neglected to take steps to correct or eliminate said conditions by
April 21, 2017. If the City of Petaluma undertakes to abate or eliminate any nuisance condition as
provided in PMC Section 1.11.030, the City shall be entitled to recover all costs of abatement
incurred in performing such work and other costs necessary to enforce this order. Such costs may
be recovered by the City as a personal obligation and/or through a lien or a special assessment on
the affected property as provided in Section 1.14.140.
9. Pursuant to PMC Section 1.14.110, this decision is a final decision, subject to a right to
judicial review in accordance with California Code of Civil Procedure Sections 1094.5 and must
be sought not later than the ninetieth day following the date on which this decision becomes final,
except that where a shorter time is provided by any state or federal law, such shorter time shall
apply.
DATED: March 31, 2017
VANESSA ACH DA ORT
Administrative Hearing Officer
Page 8 of 8 31 FAIRVIEW TERRACE, PETALUMA CA 94952
APN: 008-253-016; Case #: CE16-389 41
PROOF OF SERVICE BY MAIL - CCP §1013a, §2015.5
I, the undersigned, declare and state:
I am employed in the county of Sonoma, California. I am over the age of
eighteen years and not a party to the within entitled cause; my business address
is: Law Offices of Vanessa Aching Davenport, Esq., P.O. Box 1437 Santa Rosa, CA
95402
On March 31, 2017, I served the attached:
DECISION AND ADMINISTRATIVE ORDER OF ADMINISTRATIVE HEARING OFFICER
REGARDING THE CITY OF PETALUMA HEARING ON ADMINISTRATIVE ORDER
NOTICE OF VIOLATION, AS TO REAL PROPERTY LOCATED AT 31 FAIRVIEW
TERRACE, PETALUMA, CALIFORNIA 94952; APN: 008-253-016; Case #: CE16-389
on the parties herein in said cause, by placing a true and correct copy thereof
enclosed in a sealed envelope with first class (certified) mail postage thereon
fully prepaid, in the United States mail at Santa Rosa, California addressed as
follows:
Joe Garcia**
City of Petaluma
Neighborhood Preservation Officer
P.O. Box 61
Petaluma, CA 94953-0061
Mark A. Esenberg**
Lynette M. Esenberg
31 Fairview Terrace
Petaluma, CA 94952
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct, and this declaration was executed on March 31,
2017 at Santa Rosa, California.
VANESSA ACHI D 114PORT
1 42
aVFCITY OF PETALUMA
' POST OFFICE BOX 61
\I 8 5 a PETALUMA, CA 94953-0061
Teresa Barrett
Mc1101' August 2, 2019
D'Lynda Fischer
Mike Healy
Gabe Kearney
Dave King Special Notice Change to August 5, 2019 Agenda Item 5.A Special Assessment
Kevin McDonnell p g g g P
Kathy Miller Liens
Councilniembers
Please be advised all addresses with the exception of those listed below have been
removed from item 5.A. Public Hearing Special Assessment Liens on the August 5,
2019 agenda -
388 Grant Ave
1505 Pheasant Dr
31 Fairview Terrace
Additional noticing related to the Public Hearing modification will be sent to each
property owner as soon as possible.
General Sen>ices
Phone (707) 778-4353
Purchasing
Phone (707) 778-4353
Fax (707) 931-0667
Email:
/inarrce(ci�ci.Petalurria. ca. us
Utility Billing
Phone (707) 778-4350
Fax (707) 931-0667
Email:
utilitrbillsoci petahana. ca. its
43
We apologize for the late change and thank you for your understanding.
Finance Department
11 English Sireel.
Petaluma, C.1 94953
Phone (707) 778-4353
Sincerely,
Fax (707) 931-0667
Email:
cs
. frnance(a ci.petaluur.a. u
- n
City of Petulumcr
General Sen>ices
Phone (707) 778-4353
Purchasing
Phone (707) 778-4353
Fax (707) 931-0667
Email:
/inarrce(ci�ci.Petalurria. ca. us
Utility Billing
Phone (707) 778-4350
Fax (707) 931-0667
Email:
utilitrbillsoci petahana. ca. its
43