HomeMy WebLinkAbout1991/03/21 Board of Appeals & Advisors Attach/Findings & Appeal
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(Attachment "B")
(Page 1 of 3)
To: The Board of Findings and Appeal
From: Suzanne Ramirez, Assistant City Attorney on behalf of the
Director of Building and Housing
Date: March 21, 1991
Re: Appeal of William F. McMurtry
The City of Chula vista, as respondent and prevailing party in this
appeal, respectfully requests that the Board, in upholding the
Notice and Order to Abate a Public Nuisance dated December 17, 1991
and declaring that the condition of the property at 255 Rogan Road
does indeed constitute a public nuisance, make the following
specific findings:
1. william McMurtry maintains on his property at 255 Rogan Road a
fence which is in violation of CVMC section 19.58.150 in that it is
excessive in height (approximately 6 feet) and does not conform to
setback requirements (it being at the curb rather than set back the
required 25 feet). This violation constitutes a public nuisance
under CVMC section 1.20.010 G.
2. William McMurtry has maintained the following vehicles in a
state of disrepair or in an inoperable condition, they not having
been operated since the dates stated and each being registered with
the DMV as "non-operative", on the lot at 255 Rogan Road in
violation of CVMC section 19.58.260 C1: a 1974 Porche (last
operated in 1986 or 1987), a 1966 Mustang (last operated in 1986 or
1987), a 1975 Toyota pick-up (last operated approximately 6 months
ago), a 1969 VW fastback (last operated in 1987 or 1988), a 1970
Volvo (last operated in 1987 or 1988), and a 1979 VW Rabbit (last
operated in 1990). These violations constitute a public nuisance
under CVMC section 1.20.010 G.
3. William McMurtry has maintained the above-referenced vehicles
in a state of disrepair or in an inoperable condition outside of a
garage or carport or solid fence, gate or wall measuring six feet
high for the periods stated (each well over the permitted 72 hours)
at 255 Rogan Road in violation of CVMC section 19.58.260 C2: the
1974 Porche (since 1978 or 1979), the 1966 Mustang (since 1986),
the 1975 Toyota pick-up (since 1975), the 1969 VW Fastback (since
1974), the 1970 Volvo (since 1974 or 1975), the 1979 VW Rabbit
(since 1990). These violations constitute a public nuisance under
CVMC section 1.20.010 G.
4. As to the allegation of violation of CVMC section 10.84.020
(which requires that all vehicles be parked in a garage or carport
or on a paved driveway or adjacent to a paved driveway on a dust
free surface), we would ask that the Board state the facts on which
it relied in concluding that there was a violation.
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(Attachment "B")
(Page 2 of 3)
5. As to the allegation of violation of CVMC section 10.52.090, we
would ask that the Board state whether it found the trailer which
has had its wheels removed to be a commercial vehicle, and if so,
to find William McMurtry to be in violation of CVMC section
10.52.090 which prohibits the parking of commercial vehicles in
residential districts, which constitutes a public nuisance under
CVMC section 1.20.010 G.
6. William McMurtry has maintained accumulations of rubbish,
weeds, litter or combustible or flammable waste material, such as
used construction materials and furnishings, many of which are
stored under tarps which would produce a "wick effect" in the event
of a fire on the vacant lot or open space at 255 Rogan Road in
violation of UFC section 11.201(a) and CVMC section 15.36.010,
which is a fire hazard and which constitutes a public nuisance
under CVMC section 1.20.010 G.
7. William McMurtry has utilized extension cords to provide
electricity to the "guard shack" on the property at 255 Rogan Road
as a substitute for permanent wiring in violation of UFC section
85.106 and CVMC section 15.36.010, which constitutes a public
nuisance under CVMC section 1.20.010 G.
8. William McMurtry obtained a demolition permit for the premises
at 255 Rogan Road. He failed to request a post-demolition
inspection of the premises so there is no way to ascertain if the
septic facilities have been properly filled and sealed. We find
this to be a violation of CVMC section 15.44.060, which constitutes
a public nuisance under CVMC section 1.20.010 G.
9. William McMurtry has utilized his R-1 zoned lot at 255 Rogan
Road as a storage yard for vehicles, used construction materials
and other miscellaneous objects, which is not a permitted use and
thus is in violation of CVMC section 19.24.020, which constitutes
a public nuisance under CVMC section 1.20.010 G.
10. William McMurtry has allowed, permitted, or maintained stands
or hives of bees in or upon his property at 255 Rogan Road within
600 feet of a residential building in violation of CVMC section
6.04.100, which constitutes a public nuisance under CVMC section
1.20.010 G.
11. William McMurtry had on his property at 255 Rogan Road, at the
time his property was inspected in November and December of 1990,
wiring inside the "pool/guest house" which was not being used in a
safe manner in violation of UHC section 1001(e) and CVMC section
15.20.010, which constitutes a public nuisance under CVMC section
1.20.010 G.
We would ask that amended written findings of fact be voted upon by
a quorum of the Board, with only those Board members who heard the
testimony in this matter vote, and that they be signed by Board
Vice-Chairman Leonard, who presided as Chairman at the hearing on
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(Attachment "B")
(Page 3 of 3)
March 18, 1991. We would further ask that the Board reiterate
verbatim its earlier order in all other regards and in particular
as to the April 22nd deadline for compliance. with regard to the
90 day appeal period pursuant to Code of civil Procedure section
1094.5, we would ask that the Board state that its amended order is
final as of the date the Chairperson signs it and that it may be
challenged by a petition for writ of administrative mandamus on or
before the 90th day after the decision becomes final.
Respectfully submitted,
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Suzanne Ramirez
Assistant City Attorney