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Report regarding a public hearing and resolution confirming and approving the nuisance abatement cost report and authorizing 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. (Nell Selander, Economic & Community Development Director, and Dave Bockhaus, Deputy Public Works Director)
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RECOMMENDATION
Recommendation
Staff recommends City Council conduct a public hearing and adopt a resolution confirming and approving the nuisance abatement cost report and authorizing 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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BACKGROUND/DISCUSSION
The City became aware of potential code compliance issues at 146 Gardiner Avenue in South San Francisco (Property) when the City was informed that the landlord of the Property told the tenants that the City “red tagged” the property. A red tag is issued when a property is deemed unsafe and uninhabitable, and access to the property is prohibited. The City had not issued a red tag for the Property, but with permission from tenants at the Property conducted an inspection on July 19, 2023.
At that initial inspection, City Code Enforcement staff observed:
1. Unpermitted installation of a 100-gallon water heater;
2. Unpermitted installation of a water recirculating device/boiler;
3. Unpermitted replacement of electrical service disconnects;
4. Unpermitted installation of lighting;
5. Unpermitted remodeling of a unit(s);
6. Defective or missing smoke detectors;
7. Defective exiting lighting;
8. Defective bathroom showers;
9. Garbage dumpsters overflowing; and
10. Urine smell and visual feces in the main lobby of building.
In response to these observed code violations, 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 all necessary work within 30 days of permit issuance. The Property Owner did not obtain permits or complete the work. On November 17, 2023, the City issued an Administrative Citation Warning Notice indicating that if the violations remained by December 2, 2023, the City would issue daily administrative citations in the amount of $100 per violation and increase to $500 and $1000 per day for repeat violations pursuant to South San Francisco Municipal Code (SSFMC) Section 8.54.103(b).
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. The Property Owner failed to both file a timely appeal or pay the first through sixth administrative citations within 30 days of issuance. If administrative citations remain unpaid, the City may collect any outstanding fines, late fees, and collection costs via a special assessment lien on the Property.
As described above, in addition to the direct cost of the administrative citations, substantial other costs have been incurred by the City in its efforts to abate the public health nuisance at 146 Gardiner Avenue from the Property Owner’s failure to address the various code compliance issues at the Property. The City is entitled to recover these costs, 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. The subject of this staff report is this special assessment, which if approved by Council, will become due and payable with the property tax assessment levied against the Property.
FISCAL IMPACT
As detailed in the Cost Report, included as Exhibit A to the associated Resolution, the City has incurred $46,859.16 in direct and indirect costs associated with abating the nuisance at the subject Property. These costs have been incurred by the City’s General Fund. While not immediate, the repayment of these costs via a special property tax assessment will replenish these funds.
CONCLUSION
Staff recommends that the City Council conduct a public hearing and adopt a resolution confirming and approving the nuisance abatement cost report and authorizing imposition of a special assessment on the Property for collection of abatement costs and outstanding penalties amounting to $46,859.16.