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Resolution confirming and approving the nuisance abatement cost report and authorizing imposition of a special assessment on the property at 308 Susie Way, South San Francisco, APN 011-262-260 for collection of abatement costs and outstanding penalties amounting to $146,811.29.
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WHEREAS, the South San Francisco Municipal Code (“SSFMC”) establishes standards to protect the health and safety of the community; and
WHEREAS, South San Francisco Code Enforcement is tasked with addressing violations of the SSFMC, to ensure the health and safety of the community; and
WHEREAS, the subject parcel located at 308 Susie Way APN 011-262-260 (“Property”) has been the subject of nuisance abatement enforcement since January 2023; and
WHEREAS, on January 10, 2023, the roof blew off the Property, causing flooding and substantial damage to all four residential rental units contained in the Property. The City then inspected the Property that day and declared all four units as uninhabitable, requiring all tenants to vacate for the purpose of abating a “degraded/missing and leaking [roof], as well as water intrusion effecting electrical”; and
WHEREAS, on January 12, 2023, due to the substantial electrical hazard resulting from the water intrusion to the Property, the electrical service to the Property was disconnected; and
WHEREAS, on January 13, 2023, the City issued the Property owner, Lin Htike Nay Trust, (“Property Owner”) a First Notice of Violation and Order to Abate requiring a roofing permit to be obtained by February 13, 2023 in order to institute repairs to the roof and further indicated the City was willing to assist with methods to limit water intrusion as well as process permits to facilitate rehabilitation of the units at the Property; and
WHEREAS, on January 13, 2023, the Director of Economic and Community Development notified the Property Owner of his obligation to comply with SSFMC Chapter 8.70 to provide relocation benefits to the tenants displaced from 308 Susie Way; and
WHEREAS, in addition to relocation benefits, SSFMC Section 8.70.080(a) entitles the displaced tenants to a right to return to the units at the Property “under the same terms and conditions that applied to the tenancy prior to the period of displacement” once the units are ready for occupancy; and
WHEREAS, on January 23, 2023, the Property Owner submitted a timely written appeal of the Director of Economic and Community Development’s determination; and
WHEREAS, on February 2, 2023, the Planning Commission appointed a subcommittee consisting of three of its members to hear the appeal as an Appeals Panel pursuant to SSFMC Section 8.70.110(b)(1); and
WHEREAS, at 10:00 a.m. on February 22, 2023, in the City Council Chambers at 33 Arroyo Rd. in South San Francisco, following notice duly provided to all parties, the Appeals Panel heard and considered evidence and testimony from City representatives and witnesses, from the tenants of all four rental units, and from the Property Owner; and subsequently issued the Decision of the City of South San Francisco Planning Commission’s Appeals Panel in the Appeal by the Property Owner of the City’s Determination Regarding Relocation Benefits to Tenants of 308 Susie Way to deny the Property Owner’s appeal on a vote of 3-0; and
WHEREAS, the Property Owner failed to timely appeal the Appeals Panel’s Determination to the City Council; and
WHEREAS, on March 21, 2023 and May 2, 2023, the City issued, by email and certified mail, notices to the Property Owner regarding its obligation to pay tenant relocation payments to the tenant households, and informed that failure to make the required relocation payments to the tenant households may result in the City making payments on the Property Owner’s behalf and failure to reimburse the City for all relocation payments made or other costs incurred may result in the City recovering costs via a special assessment on the subject property; and
WHEREAS, the Property Owner thereafter failed to make the relocation payments to the displaced tenant households, required for abatement of the Property Owner’s violations; and
WHEREAS, Despite five months passing since the City’s First Notice and Order, the Property Owner failed to submit any application for a roofing permit to perform the necessary work to rectify the Substandard and Unsafe conditions at the Property. Consequently, on June 13, 2023, the City issued a Second Notice of Violation requiring that a roofing permit be obtained by June 29, 2023; and
WHEREAS, on July 3, 2023, pursuant to SSFMC Section 8.70.070(a), the City made the relocation payments to the tenant households on behalf of the Property Owner; and
WHEREAS, on June 21, 2023, the City issued, by email and certified mail, a bill to the Property Owner for abatement costs for relocation payments made to all four tenant households which was required to be remitted to the City by SSFMC Section 8.70.070(b) within five (5) days of receipt; and
WHEREAS, the Property Owner failed to reimburse the City for abatement costs for relocation payments made to the displaced tenant households; and
WHEREAS, on September 1, 2023, the City issued, by email and certified mail, a Notice of Late Payment to the Property Owner regarding repayment of relocation payments made to the tenant households, which assessed a late penalty for failure to timely reimburse the City pursuant to SSFMC Section 8.70.070(b); and
WHEREAS, on October 30, 2023, a further inspection of the Property was conducted, and the following conditions were observed:
1. Lack of an adequate roof and lack of adequate measures to protect against further water intrusion in violation of SSFMC Section 15.10.010 and International Property Maintenance Code (IPMC) Section 304.1.1; and
2. Accumulation of trash and debris in violation of SSFMC Section 8.54.070(c)(1); and
3. Broken windows/Dilapidated building in violation of SSFMC Section 8.54.070(e)(1); and
4. Unsecured property in violation of SSFMC Section 8.54.070(e)(2); and
5. Deteriorated fence/gate in violation of SSFMC Section 8.54.070(f); and
6. All four units lack all electrical and plumbing conduits and connections; heating and
ventilation systems; kitchens and bathrooms; walls and ceilings in violations of SSFMC Section
15.10.040.
WHEREAS, on November 9, 2023, due to the Property Owner’s failure to comply with both the First and Second Notice and Order to Abate and because the initial tarping installed to prevent further water intrusion deteriorated, a storm was predicted for the following week along with the proximity of the neighboring residential property to Property, the City determined “there [was] an immediate need to protect the health and safety of the public from further water intrusion” and it issued a Third Notice and Order to Abate declaring the Property a Public Nuisance. The Third Notice and Order was posted on the Property and mailed to the Property Owner via certified and first-class mail; and
WHEREAS, the Third Notice and Order to Abate required the owner to obtain a roofing permit by November 16, 2023, complete work necessary to install an adequate roof and protect against further water intrusion within 30 days of the roofing permit issuance warning that a failure to do so could lead to issuance of daily administrative citations; and
WHEREAS, the Third Notice and Order further warned that, if the City issued administrative citations and such citations were unpaid the City “may collect any outstanding fines, late fees and collection costs via a special assessment lien on your Property, which shall be due at the same time and in the same manner as property taxes”; and
WHEREAS, the Property Owner again failed to comply with the City’s warning and directives and, on November 27, 2023, the City issued a first administrative citation to the Property Owner in accordance with the requirements of SSFMC Section 8.54.102(c) for the failure to obtain roofing permit in the amount of $100 per day for each day between November 17, 2023, through November 26, 2023 (10 days) for a total fine amount of $1000; and
WHEREAS, in accordance with SSFMC Section 8.54.107, the administrative citation indicated that the Property Owner had a right to appeal the determination that there was a violation of the South San Francisco Municipal Code, that a penalty or the penalty amount is warranted, or that he or she is the responsible person within fifteen (15) days from the date of the administrative citation; and
WHEREAS, on December 4, 2023, due to the Property Owner’s continued failure to obtain a roofing permit, the City issued a second administrative citation to the Property Owner in accordance with the requirements of SSFMC Section 8.54.102(c) for the failure to obtain roofing permit in the amount of $500 per day for each day between November 27, 2023, through December 3, 2023 (7 days) for daily citations for a total fine amount of $3,500; and
WHEREAS, on December 11, 2023, due to the Property Owner’s continued failure to obtain a roofing permit, the City issued a third administrative citation to the Property Owner in accordance with the requirements of SSFMC Section 8.54.102(c) for the failure to obtain roofing permit in the amount of $1,000 per day for each day between December 4, 2023, through December 10, 2023 (7 days) for daily citations for a total fine amount of $7,000; and
WHEREAS, on December 18, 2023, due to the Property Owner’s continued failure to obtain a roofing permit, the City issued a fourth administrative citation to the Property Owner in accordance with the requirements of SSFMC Section 8.54.102(c) for the failure to obtain roofing permit in the amount of $1,000 per day for each day between December 11, 2023, through December 17, 2023 (7 days) for daily citations for a total fine amount of $7,000; and
WHEREAS, on December 26, 2023, due to the Property Owner’s continued failure to obtain a roofing permit, the City issued a fifth administrative citation to the Property Owner in accordance with the requirements of SSFMC Section 8.54.102(c) for the failure to obtain roofing permit in the amount of $1,000 per day for each day between December 18, 2023, through December 24, 2023 (7 days) for daily citations for a total fine amount of $7,000; and
WHEREAS, on January 2, 2024, due to the Property Owner’s continued failure to obtain a roofing permit, the City issued a sixth administrative citation to the Property Owner in accordance with the requirements of SSFMC Section 8.54.102(c) for the failure to obtain roofing permit in the amount of $1,000 per day for each day between December 26, 2023, through December 31, 2023 (7 days) for daily citations for a total fine amount of $7,000; and
WHEREAS, on January 8, 2024, due to the Property Owner’s continued failure to obtain a roofing permit, the City issued a seventh administrative citation to the Property Owner in accordance with the requirements of SSFMC Section 8.54.102(c) for the failure to obtain roofing permit in the amount of $1000 per day for each day between January 1, 2024, through January 7, 2024 (7 days) for daily citations for a total fine amount of $7,000; and
WHEREAS, on January 16, 2024, due to the Property Owner’s continued failure to obtain a roofing permit, the City issued an eighth administrative citation to the Property Owner in accordance with the requirements of SSFMC Section 8.54.102(c) for the failure to obtain roofing permit in the amount of $1,000 per day for each day between January 8, 2024, through January 14, 2024 (7 days) for daily citations for a total fine amount of $7,000; and
WHEREAS, the Property Owner failed to both file a timely appeal or pay the first through eighth administrative citations within thirty days of issuance; and
WHEREAS, the Property Owner has also failed to reimburse the City for abatement costs for the Property Owner’s violations; and
WHEREAS, the abatement activities undertaken by the City and as described herein were carried out to protect the health, safety, and welfare of the community; and
WHEREAS, in pursuing compliance and abating the nuisance and conducting the activities described in the staff report relating to this matter, the City incurred costs related to abating the nuisance conditions, including but not limited to, staff time, hearing officer costs, and legal fees; and
WHEREAS, SSFMC Section 8.54.070(k)(3) establishes that any violation of the South San Francisco Municipal Code is a public nuisance; and
WHEREAS, the City is entitled to recover its costs of nuisance abatement, including but not limited to administrative costs, staff time, investigation, site inspection, monitoring, reports, correspondence and meetings with affected parties, the costs of any appeal hearing, re-inspections, attorney’s fees for the prevailing party in an administrative or court action incurred pursuant to abatement proceedings, and actual costs of abating the violation, pursuant to and in accordance with state law and SSFMC Chapter 8.54; and
WHEREAS, pursuant to SSFMC Section 8.54.305(d) “any penalty imposed for violations of this code … any costs of enforcement or administration or expenses associated with the abatement of any nuisance … imposed …. administratively, may become a special assessment against the real property where the nuisance condition(s) existed”; and
WHEREAS, on February 16, 2024, the City gave due and proper notice of the costs of abatement activities and outstanding penalties accrued to the Property Owner (“Cost Report”), advised it of its right to object to said costs, and of the City’s intention to recover costs by special assessment pursuant to Government Code Sections 38773.1 and 38773.5 and SSFMC Section 8.54.300(a) by posting it on the Property and mailing a copy to the Property Owner via certified and first class mail; and
WHEREAS, on February 28, 2024, the City Council held a duly noticed public hearing, considered the Cost Report and the staff report in support thereof and any objections thereto; and
WHEREAS, the City Council now seeks to confirm the Cost Report, and certify the special assessment to recover the costs in accordance with state law and SSFMC Chapter 8.54; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby:
1. Approves and confirms the Cost Report attached as Exhibit A and finds that the report truly and accurately reflects actual costs incurred by the City in abating the nuisance conditions and the outstanding penalties assessed relating to the public nuisance at the Property.
2. Finds that the costs incurred, and penalties assessed by the City in this matter are reasonable and were necessary for the health, safety, and welfare of the community.
3. Orders that the costs attached as Exhibit A, and amounting to $146,811.29, be collected as a special assessment against the Property located at 308 Susie Way, South San Francisco APN 011-262-260.
4. Directs staff to record a copy of this Resolution in the Office of the County Recorder of the County of San Mateo, and the amount chargeable to subject property located at APN 011-262-260 indicated in the Exhibit A shall constitute a special assessment against the respective parcel in accordance with California Government Code Sections 38773.1 and 38773.5, and South San Francisco Municipal Code Section 8.54.305 and collection on the County's property tax roll.
BE IT FURTHER RESOLVED that any written or oral protests or objections to the Cost Report and assessment are overruled or denied.
BE IT FURTHER RESOLVED that the adoption of this resolution is not a “project” subject to the California Environmental Quality Act.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon adoption.
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