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Resolution confirming and approving the nuisance abatement cost report and authorizing the imposition of a special assessment on the property at 146 Gardiner Avenue, South San Francisco, APN 012-094-160 for collection of abatement costs and outstanding penalties amounting to $46,859.16.
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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 146 Gardiner Avenue APN 012-094-160 (“Property”) has been the subject of nuisance abatement enforcement since July 2023; and
WHEREAS, in response to complaints lodged with the City by the tenants of the Property and with the tenants’ consent, on July 19, 2023, the City inspected the Property and the following conditions were observed:
1. Unpermitted installation of a 100-gallon water heater in violation of SSFMC Section 15.08.010 and California Building Code (CBC) Section 105.1; and
2. Unpermitted installation of a water recirculating device/boiler in violation of SSFMC Section 15.08.010 and CBC Section 105.1; and
3. Unpermitted replacement of electrical service disconnects in violation of SSFMC Section 15.08.010 and CBC Section 105.1; and
4. Unpermitted installation of lighting in violation of SSFMC Section 15.08.010 and CBC Section 105.1; and
5. Unpermitted remodeling of a unit(s) in violation of SSFMC Section 15.08.010 and CBC Section 105.1; and
6. Defective or missing smoke detectors in violation of SSFMC Section 15.24.010 and CFC 907.2; and
7. Defective exiting lighting in violation of SSFMC Section 15.080.010 and CBC 108.1 & 1013.3; and
8. Defective bathroom showers in violation of SSFMC Section 15.10.010 and International Property Maintenance Code (IMPC) 504.1; and
9. Garbage dumpsters were overflowing in violation of SSFMC Section 8.54.070(d)(2); and
10. Urine smell and visual feces in the main lobby of building 146 Gardiner in violation of SSFMC Section 15.10.010 and IPMC 305.1; and
WHEREAS, on October 17, 2023, the City issued the Property owner, Gardiner Avenue Holdings LLC, (“Property Owner”) a First Notice of Violation and Order to Abate requiring permits to correct the unpermitted installation and construction to be obtained by November 17, 2023, and complete work necessary pursuant to those permits within 30 days of issuance; and
WHEREAS, based upon the Property Owner’s failure to comply with the City’s directives, on November 17, 2023, the City issued an Administrative Citation Warning Notice indicating that, if the violations noticed in the First Notice and Order remained uncorrected within 15 days of the Notice or by December 2, 2023, the City would issue daily administrative citations in the amount of $100 per violation and increase to $500 and $1,000 per day for repeat violations pursuant to SSFMC Section 8.54.103(b); and
WHEREAS, the Administrative Citation Warning Notice 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 December 11, 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 required permits in the amount of $100 per day for each day between December 04, 2023 and December 10, 2023 (7 days) for a total fine amount of $700.00; 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 18, 2023, due to the Property Owner’s continued failure to obtain the required permits, 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 required permits in the amount of $100 per day for each day between December 11, 2023 and December 17, 2023 (7 days) for a total fine amount of $3,500.00; and
WHEREAS, on December 26, 2023, due to the Property Owner’s continued failure to obtain the required permits, 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 required permits in the amount of $1,000 per day for each day between December 18, 2023 and December 24, 2023 (7 days) for a total fine amount of $7,000; and
WHEREAS, on January 2, 2024, due to the Property Owner’s continued failure to obtain the required permits, 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 required permits in the amount of $1,000 per day for each day between December 25, 2023 and December 31, 2023 (7 days) for a total fine amount of $7,000; and
WHEREAS, on January 8, 2024, due to the Property Owner’s continued failure to obtain the required permits, 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 required permits in the amount of $1,000 per day for each day between January 1, 2024 and January 7, 2024 (7 days) for a total fine amount of $7,000; and
WHEREAS, on January 16, 2024, due to the Property Owner’s continued failure to obtain the required permits, 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 required permits in the amount of $1,000 per day for each day between January 8, 2024 and January 14, 2024 (7 days) 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 sixth administrative citations within thirty (30) days of issuance; and
WHEREAS, the enforcement 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 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 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 $46,859.16, be collected as a special assessment against the Property located at 146 Gardiner Avenue, South San Francisco APN 012-094-160.
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 012-094-160 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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