Resolution 13098CITY OF ALAMEDA RESOLUTION NO. 13 0 9 8
DECLARING THE PROPERTY LOCATED AT 1310 PACIFIC AVENUE
A PUBLIC NUISANCE AND ORDERING ITS ABATEMENT
WHEREAS, on August 5, 1998, Alameda Police Officers conducted a requested
welfare check at 1310 Pacific Avenue, Alameda, California. While inside the structure, the
Officer observed extensive filth, decay, a rodent infestation, unsanitary conditions, fire hazards,
huge accumulations of trash, rubbish, debris, rotting piles of organic matter and damage to the
property; and
WHEREAS, on October 14, 1998, Harold Leroy Haun refused to allow the City
to conduct a scheduled inspection of the subject property; and
WHEREAS, on October 27, 1998, Harold Leroy Haun consented to an inspection
of the subject property. Said inspection determined that multiple violations of the Uniform Fire
Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings,
Alameda Municipal Code and the California Health and Safety Code were present; and
WHEREAS, on October 27, 1998, Harold Leroy Haun was infornled by the
Alameda Building Official of the violations and was ordered to abate such violations; and
WHEREAS, on November 25, 1998, a notice and order to abate the violations and
public nuisance, executed by Alameda Building Services, attached hereto as Exhibit "A" was
posted in a conspicuous place on the property at 1310 Pacific Avenue, and said order was mailed
by first class mail to Harold Leroy Haun, owner of the property; and
WHEREAS, Alameda Municipal Code section 1 -5.3 (1) declares that any
violation of the Alameda Municipal Code or City ordinance is deemed to be a public nuisance;
and
WHEREAS, the property owner, Harold Leroy Haun was the subject of a prior
public nuisance abatement action at 1310 Pacific Avenue on September 5, 1995, and said
property was declared a public nuisance by Resolution No. 12685. The public nuisance was
abated by the City and a nuisance abatement lien placed against the subject property; and
WHEREAS, on March 3, 1999, a Notice of Hearing to Consider Declaration of
Public Nuisance, attached hereto and incorporated herein by reference as Exhibit "B ", was served
on Harold Leroy Haun, by posting said notice on the building at 1310 Pacific Avenue, and by
mailing a copy of said notice by United States mail, postage prepaid, certified mail, return receipt
requested, to Mr. Haun at 1310 Pacific Avenue, Alameda, CA; and
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WHEREAS, the City Council conducted a hearing on March 16, 1999, pursuant
to the Notice and Order to Consider Declaration of Public Nuisance and received and considered
all oral and written evidence presented; and
WHEREAS, based upon the evidence, the City Council finds the following
conditions exist, and that each and every condition is in violation of the Alameda Municipal
Code and that each and every condition constitutes a public nuisance:
Uniform Fire Code (as adopted by AMC section 15 -1.1)
1. Section 1203 Obstruction of exterior doors blocking emergency
ingress and egress.
2. Section 1103.2
3. Section 8001.5.
4. Section 8506.3
Accumulation of interior trash, rubbish and debris,
providing ready fuel to augment the spread and
intensity of fire arising from any cause.
Improper storage of hazardous materials.
Misuse of extension cords.
Unifoiiu Housing Code (as adopted by Alameda Municipal Code section 13 -7.1)
5. Section 1001.2.12.
Section 1001.2.13.
7. Section 1001.3.2.
8. Section 1001.5
9. Section 1001.8.
10. Section 1001.9
11. Section 1001.11.
Inadequate sanitation, infestation of rodents, insects
and vermin.
General dilapidation and improper maintenance.
Deteriorated/unsanitary flooring
Unsafe electrical wiring
Faulty weather protection (deteriorated, crumbling
and loose plaster).
Fire hazard due to excessive combustibles.
Maintaining hazardous and unsanitary premises due
to unsafe accumulation and storage of combustible
materials, garbage, trash, debris, vegetation, junk,
dead and rotting organic matter, offal and rat
harborage constituting fire, health and safety
hazards.
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Alameda Municipal Code
12. Section 13 -8.1.
Maintaining a dangerous structure (rear storage
shed) that, by reason of inadequate maintenance,
dilapidation and damage, has partially collapsed and
is likely to completely collapse.
13. Section 4 -1.8. Accumulation of trash, rubbish and debris visible
from the public right -of -way.
NOW, THEREFORE, BE IT RESOLVED that the property located at 1310
Pacific Avenue, Alameda, California, is hereby declared a public nuisance and in violation of the
Alameda Municipal Code.
BE IT FURTHER RESOLVED the Alameda Building Services is hereby directed
to post a copy of this Resolution in a conspicuous place on the premises at 1310 Pacific Avenue,
Alameda, California, and to send a copy by United States mail, postage prepaid, certified mail,
return receipt requested, to owner Harold Leroy Haun.
BE IT FURTHER RESOLVED that Harold Leroy Haun is hereby ordered to
abate each and every condition specified in this Resolution within thirty (30) days of the posting
of this resolution on the property at 1310 Pacific Avenue, Alameda, California, by taking the
action prescribed in the Notice and Order, a copy of which is attached hereto and incorporated
herein by reference as Exhibit "A ".
BE IT FURTHER RESOLVED that said abatement shall consist of
1. Removal of the accumulation of all wet t rash, wet garbage, all other trash,
rubbish, debris and garbage, from inside and outside of the building and, properly
dispose of these materials. Remove the large quantities of materials stored in the
basement that create a fire hazard and provide ready fuel to argument a fire. The
minimum safe amount of cardboard, papers and other accumulated debris inside
the structure is that amount deemed safe as determined by the Alameda Fire
Department, using prevailing and accepted practices and standards in the State of
California; and
2. Eradication of current rodent infestation by a licensed exterminator or
County Vector Control. Elimination of all living and breeding places for all
insects, vermin and rodents. Control and proper storage and disposal of wet
garbage, discarded food, food wrappers and food containers to eliminate attraction
to insects, vermin and rodents; and
3. Removal of all rotting organic matter on floors and walls. Removal of all
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fecal material from premises; and
4. Identification and elimination of sources of moisture damage in bathroom.
Repair all water damage and rotted floor members and replace floor finish; and
5. Elimination of all bare and exposed electrical wiring by repairing and
providing appropriate cover plates at all junction boxes, receptacles and switches.
6. Ceasing the misuse of extension cords as a substitute for permanent wiring
and all ceasing all uses of extension cords that are subject to physical damage; and
7. Cleaning floors and walls. Repairing and repainting damaged walls, floors
and ceilings; and
8. Adequately securing damaged door into basement and securing first floor
windows to prevent uninvited entry into the building; and
9. Obtaining required permit and demolishing unsafe and collapsing storage
shed in rear yard; and
10. Removal and proper disposal of all overgrown vegetation, dying
vegetation and dead vegetation present on the property; and
11. Removal of all combustible rubbish stored under rear deck.
BE IT FURTHER RESOLVED that should Harold Leroy Haun fail to abate the
nuisances and violations described herein within thirty (30) days of the posting of this resolution
on the property, the nuisances may be abated by City staff or the City may engage contractors to
perform such service. The cost of the abatement shall either be a lien or special assessment on
the property as well as the personal liability of Harold Leroy Haun.
BE IT FURTHER RESOLVED that the City Attorney is directed to request the
Superior Court of the County of Alameda to issue an Abatement Warrant to allow the City to
enter the property and abate the conditions on the property constituting a public nuisance as set
forth in this Resolution.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be mailed,
postage prepaid, certified, return receipt requested, to all beneficiaries of any deeds of trusts
encumbering said property.
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Mr. Harold L. Haun
1310 Pacific Avenue
Alameda, CA 94501
. 4Ly 01 rua111Cua ®1 ,2111Ut rna
November 25, 1998
DECLARATION OF PUBLIC NUISANCE, AND
NOTICE AND DEMAND TO ABATE VIOLATIONS OF THE ALAMEDA
MUNICIPAL CODE AT 1310 PACIFIC AVENUE, ALANIEDA
Dear Mr. Hann:
EXHIBIT A
On October 27, 1998, an inspection was conducted at your property located at 1310 Pacific Avenue
which revealed multiple violations of the Alameda Municipal Code as described in the attached
inspection report dated November 5, 1998. These violations of the Alameda Municipal Code
constitute a public nuisance pursuant to section 1- 5.1(f) of the Alameda Municipal Code and section
3479 et seq. of the California Civil Code, therefore, your property, is hereby declared a PUBLIC
NUISANCE.
YOU ARE HEREBY ORDERED to abate all violations at your property by the end of the day on
Monday, December 7, 1998. You must complete all correction work described in the attached
inspection report in order to completely abate all violations. We will be inspecting for compliance
at 1:30 p.m. on Tuesday, December 8, 1998.
As you are aware, the City of Alameda has proceeded with a previous abatement action against you
because of similar Alameda Municipal Code violations at your property. This previous abatement
action included: declaring your property a public nuisance on September 5, 1995, entering- upon
your property to abate violations, and assessment of nuisance abatement lien on your properr .
Failure to abate violations will result in the City Attorney's Office proceeding with appropriate legal
action including filing criminal and/or civil complaints to compel your compliance. Violations of
the Alameda Municipal Codes are criminal misdemeanors, punishable by fines up to S1000 and/or
six (6) months imprisonment, or both, fo.r__each_vialation, and each and every day the violation
continues to exist constitutes a separate violation. Please also be advised that the reoccurrence of
these violations also subjects you to additional legal action to protect the City's prior abatement lien
on your property.
If you have any questions you may contact this office during regular business hours at (510) 748-
4530.
Building Ser: ices
<- ,ntrai Permits Bui
n` inspection
1263 Santa Cara Avenue. Room 191)
Alameda. California 94501
510'48.4530 Fax 510 - 48.4; -+3 • TDD s:10
Very truly yours.
Steven W. Davis
Building- Official
EXHIBIT A
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Inter.- Department Memorandum
Date:
To:
From:
Subject:
November 5, 1998
File
Steven W. Davis, Building Official
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II
On Tuesday, October 27, 1998, a follow up inspection was conducted at 1310 Pacific Avenue to
determine the extent of numerous code violations existing at the property. This inspection had been
scheduled in advance and I arrived at the property at 1:32 p.m. The following City officials were also
in attendance: Capt. Steve McKinley, Assistant Fire Marshall; John Cruz, Code Compliance Officer;
Vivian Day, Building Services Manager.
I approached the front door, knocked, and made contact with
at which time he gave us peuuission to inspect his house.
OBSERVATIONS: The property is developed with a main structure consisting of three stories
(basement, first floor & second floor) which contain three separate dwelling units and one detached
accessory shed at the rear of the property. The basement is accessed from a ground level entrance door
and appears to be a five room dwelling unit consisting of two bedrooms, living room, kitchen and full
bathroom. The first floor of the building is accessed from the main front entrance to the building and
appears to be a six room dwelling unit consisting of two bedrooms, living room, kitchen, utility porch
and full bathroom. The second floor appears to be a three room dwelling unit consisting of one
bedroom, living room/kitchen and bathroom. At the present time Mr. Haun is occupying the first and
second floor as his personal residence.
The front porch at the main structure contains a large accumulation of debris (household goods, trash,
and a stove) which essentially block the main front entrance to the building.
Once inside the building I smelled a powerful stench which I attribute to the general lack of sanitation
and to the presence of spoiled and decomposing food. This foul odor was almost overwhelming and was
detectable throughout the entire building.
All three floor of the main structure are filled with an excessive disorderly accumulation of debris
including: household items, furniture, clothing, spoiled food items, soiled eating and cooking utensils,
garbage, etc. Over 90% of the floors, hallways and stairways in the building are covered with this
accumulated debris. There was only a narrow pathway leading to various rooms within the building.
In many areas this accumulated debris is piled over 5 -feet high. Much of this debris is combustible and
poses a fire hazard.
This accumulated debris extended up to and over the top of gas space heaters located in the living room
and rear bedroom at the first floor and at the living room/kitchen at the second floor. This poses a severe
fire hazard.
e property owner
r. Harold L. Haun,
In nearly every room or area of the building a large amount of rodent feces were observed which
indicate a heavy vermin infestation. Many insects were also observed throughout the building including
house flies, fruit flies and gnats. There were many dead flies, bees, and wasps on the floor and around
the windows.
Extension cords were observed extending under the excessive accumulation and extending through
doorways, across hallways and up a stairway. This is an unsafe use of extension cords which poses a
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EXHIBIT A
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fire and shock hazard.
In many places the floor and walls of the building are excessively soiled. The walls which were freshly
painted off -white just over one year ago are nearly black in many places. The floors have numerous
places where food items have been left to rot and decompose into putrid masses.
The bathroom at the first floor is unsanitary due to the excessive filth at the bathtub, wash basin, toilet
and floor. There is dryrot and damage to the floor finishes and structural framing due apparently to
excessive moisture in the bathroom which I believe to be the result of toilet overflows.
Mr. Haun does not appear to have an operating stove in the building. There is an old stove in the center
of his kitchen at the first floor which is disconnected from utilities and covered with debris. There is
a newer stove stored on the front porch. At the time the City completed its abatement in 1997, a
properly working stove had been connected in the first floor kitchen. When questioned how he is
preparing meals Mr. Haun responded that he uses an electric skillet and a crock pot. I observed both
an electric skillet and a crock pot at the first floor rear bedroom. At the time of the inspection the
electric skillet was plugged in and tumed on even though it did not appear Mr. Haun was in the process
of cooking a meal. The floor surrounding this food preparation area is covered with spilled and spoiled
food.
Several electrical switch and receptacle boxes were observed without cover plates and where the wiring
has been pulled out of the switch and receptacle boxes and has been disconnected and left exposed. This
exposed electrical wiring poses a safety hazard.
At the basement and second floor there are numerous wall and ceiling locations where there are holes
and loose and deteriorated plaster.
In the front yard there is an accumulation of debris including lumber, metal cabinets, and other items
which constitute litter. At the front west comer of the property there are containers of old paint and what
appears to be used motor oil adjacent to the sidewalk.
In the rear yard there is a dilapidated wood framed storage shed which appears ready to collapse. This
structure is leaning to one side at approximately 15 degrees from vertical so that it is unsafe.
The rear yard is completely grown over with vines which are dead, decayed and drying out which
. constitute a fire hazard.
There is an excessive accumulation of trash and combustibles under the rear porch and steps.
The doors at both front and rear entrances to the basement have been damaged so that it is not possible
to lock or latch these doors to prevent uninvited entry into the building.
VIOLATIONS: Mr. Haun is maintaining his property in violation of the following codes:
AMC 4 -1.8: Accumulation of trash and litter viewable from the public right -of -way.
AMC 13 -6.1 (Uniform Housing Code 1001.2.12): Inadequate sanitation, infestation of insects,
vermin and rodents.
AMC 13- 6.1(Uniform Housing Code 1001.2.13): General dilapidation and improper maintenance.
AMC 13- 6.1(Uniform Housing Code 1001.3.2): Deteriorated/unsanitary flooring.
AMC 13- 6.1(Uniform Housing Code 1001.4): Maintaining a public nuisance.
AMC 13- 6.1(Uniform Housing Code 1001.5): Unsafe electrical wiring.
AMC 13- 6.1(Uniform Housing Code 1001.8): Faulty weather protection (deteriorated, crumbling
and loose plaster).
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EXHIBIT A
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AMC 13- 6.1(Uniform Housing Code 1001.9): Fire hazard due to excessive combustibles.
AMC 13- 6.1(Uniform Housing Code 1001.11): Maintaining insanitary premises due to unsafe
. storage of combustibles, garbage, trash, dead organic matter, offal, and rat harborage.
AMC 13 -103: Maintaining unsafe accessory structure (rear storage shed).
AMC 15- 1.1(Uniform Fire Code 1103.2.4): Combustible vegetation around house.
AMC 15- 1.1(Uniform Fire Code 1103.2.1.2): Improper storage of combustible rubbish.
AMC 15- 1.1(Uniform Fire Code 8001.5.1): Improper handling of hazardous materials.
AMC 15- 1.1(Uniform Fire Code 8506.3): Improper use of extension cords so they are subject to
physical damage.
CORRECTIONS: It is necessary for Mr. Haun to obtain all necessary permits and cause all violations
to be corrected, including but not limited to the following:
1. Remove all wet trash, garbage, trash and debris from inside and outside of the building and
properly dispose of these materials. Cut and remove all dead and dying vines and other vegetation.
2. Eliminate all living and breeding places for all insects, vermin and rodents. Eradicate infestation
of insects, vermin and rodents. Control and properly store and dispose of wet garbage and discarded
food and food wrappers and containers to eliminate attraction to insects, vermin and rodents. Properly
store food items to eliminate attraction to insects, vermin and rodents.
3. Identify and eliminate sources of moisture damage in bathroom. Repair all water damage and
rotted floor members and replace floor finish.
4. Repair electrical wiring to eliminate all bare and exposed wires. Provide appropriate cover
plates at all junction boxes, receptacles and switches. Suspend unsafe use of extension cords.
5. Clean floors and walls. Repair and repaint damaged walls, floors and ceilings.
6. Adequately secure all doors and windows to prevent uninvited entry into the building.
7. Demolish unsafe storage shed.
Based on this initial inspection, it appears that the cost to clean and remove debris, to eliminate all
violations, and to repair the property could easily run upwards of $25,000.
Attachment:
Photographs of property taken on October 27, 1998
cc: Trish Aljoe, Special Counsel
H: \SDAVIS \W PDOCS\ USER\USER\ENFORCEM \PACIFIC1.310
EXH B1 T A
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City of Alameda • California
EXHIBi1
NOTICE OF HEARING TO CONSIDER
DECLARATION OF PUBLIC NUISANCE
1310 PACIFIC AVENUE
PLEASE TAKE NOTICE that the City Council of the City of Alameda will hold
a hearing on March 16, 1999, at the hour of 7:30 p.m., in the Chambers of the City Council,
third floor, Alameda City Hall, 2263 Santa Clara Avenue, Alameda, Califomia, to consider
whether the property at 1310 Pacific Avenue, Alameda, Caltfomia, should be declared a
public nuisance and said nuisance be abated.
You may present any objections to the declaration of the public nuisance by
personally appearing before the City Council or by filing written objections with the City
Clerk prior to the time of the hearing.
Any questions regarding the proceedings should be directed to Steven W.
Davis, Building Official, City Hall, 2263 Santa Clara Avenue, Room 190, Alameda, California
94501 -4400 (510.748 -4530)
Dated: March 3, 1999 BUILDING SERVICES
Steven W. Davis, Building Official
EXHIBIT
Building Services
Central Permits & Building Inspection
2263 Santa Clara Avenue, Room 190
Alameda, California 94501
510 748.4530 • Fax 510 748.4548 • TDD 510 522.7538
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EXHIBI-I t
DECLARATION OF MAILING NOTICE OF HEARING TO CONSIDER
DECLARATION OF PUBLIC NUISANCE
I declare that I am employed by the City of Alameda in the County of
Alameda, State of California, and that 1 am over the age of eighteen (18) years. My
business address is City Hall, 2263 Santa Clara Avenue, Alameda, California, 94501-
4400.
I am familiar with the practice of the City of Alameda for collection and
processing of correspondence for mailing with the United States Postal Service the
same day it is submitted for mailing.
On March 3, 1999, I served the attached NOTICE OF HEARING TO
CONSIDER DECLARATION OF PUBLIC NUISANCE by placing a true copy thereof in a
sealed envelope, postage prepaid, certified mail, return receipt requested, by mailing, in
the course of ordinary business practice, with other correspondence of the City of
Alameda, located at City Hall, Santa Clara at Oak Street, Alameda, California, 94501,
addressed as follows:
Harold Leroy Haun
1310 Pacific Avenue
Alameda, CA 94501
declare under penalty of perjury of the laws of the State of California that
the foregoing is true and correct.
Executed at Alameda, Califomia on March 3, 1999.
Priscilla Busch, SeniorTypist Clerk
EXHIBIT B
G:\ BLDGINSP 1ENFORCEM \CORRESP0\1310PAC I. DEC
EXHIBIT B
HEARING: MARCH 16, 1999 AT 7:30 P.M.
REGARDING 1310 PACIFIC AVENUE
DECLARATION OF POSTING NOTICE OF PUBLIC HEARING TO
CONSIDER
DECLARATION OF PUBLIC NUISANCE
I declare that I am employed by the City of Alameda in the County of
Alameda, State of Califomia, and that I am over the age of eighteen (18) years. My
business address is City Hall, 2253 Santa Clara Avenue, Alameda, Califomia, 94501-
4400.
On March 3, 1999, I posted the attached NOTICE OF HEARING TO
CONSIDER DECLARATION OF PUBLIC NUISANCE on the building located at 1310
Pacific Avenue in the City of Alameda, State of Califomia.
I declare under penalty of perjury of the laws of that State of Califomia that
the foregoing is true and correct.
Executed at Alameda, Califomia on March 3, 1999.
EXHIBIT B
Terry Repstad
Combination Inspector
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in regular meeting assembled on
the 16th day of March , 1999, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
President Appezzato - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None..
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 17th day of March , 1999.
e Felsch, City Clerk
City of Alameda