HomeMy WebLinkAboutInformationa Item - Appeal Order to Abate a Public Nuisance Case Nos. 04-4551 and 04-4552 - Carl Wm. Kisner 44312 and 44330 San Pablo—'n'so -2-�'
CITY OF PALM DESERT
BUILDING & SAFETY DEPARTMENT
STAFF REPORT
REQUEST: Informational Item -- Appeal of an Order to Abate a Public Nuisance
APPLICANT: Carl Wm. Kisner
72-300 Rancho Road
Rancho Mirage, CA 92270
CASE NO: Code Case Nos. 04-4551 and 04-4552
DATE: June 9, 2005
CONTENTS: Letter from Mr. Kisner expressing thanks — May 11, 2005
Letter to Mr. Kisner from City Council — May 3, 2005
Recommendation:
Follow up report on the Order to Abate a Public Nuisance at 44-312
and 44-330 San Pablo, Palm Desert, California. Review and file
Executive Summary:
Staff is pleased to report that this matter was resolved without the need to implement
the Order to Abate. The Planning Department has approved Mr. Kisner's new lighting
arrangement.
Attached i tter from Mr.
u e By'
Hart Ponder
Code Compliance Manager
7es
M a
Kisner thanking us for our time in this matter.
Manager
Department Head: (
Amir Hamidz�
Director of Building and Safety
May 11, 2005
Hart Ponder, Code Compliance Manager
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert CA 92260
Re: Case Nos. 04-4551 and 04-4552
Income property located at 44-312 & 44-330 San Pablo
Dear Hart:
The lighting at this property has been removed, adjusted and re -installed in order
to hopefully satisfy your requirements. I am in favor of protecting the ambience
of the stars and do not want to contribute to light trespassing, but am interested
in the security of my tenants, their property and the area in general.
Thank you for scheduling the last meeting we had on May 5 which gave me a
better understanding of the problem and for your attention, time and
consideration.
Sincerely,
Carl Wm. Kisner
72-300 Rancho Road
Rancho Mirage CA 92270
carl(c-kisner.com
346-6051
cc: Philip Drell, Director of Community Development
Lieutenant Steve Thetford, Palm Desert Police
Johnny Terfehr, Code Compliance Officer
I I T Y Of PRIM OE(ERi
73-510 FRED WARING DRIVE
PALM DF,SERT, CALIFORNIA 9226o-2578
TEL: 760 346-o6i i
FAX: 760 340-0574
[nfo@paim-desert.org
May 3, 2005
Mr. Carl Wm. Kisner
72-300 Rancho Road
Rancho Mirage, California 92270
Dear Mr. Kisner:
Subject: Consideration of an Appeal to an Order to Abate a Public,
Nuisance for Unapproved Liqhtinq From 44-312 and 44-330 San
Pablo Avenue — Case Nos. 04-4551 and 04-4552 (Carl Wm. Kisner,
Appellant)
At its regular meeting of April 28, 2005, the Palm Desert City Council considered the
subject cases and took the following action:
By Minute Motion, upheld the Order to Abate issued by Code Compliance,
requiring the removal of unapproved lighting from 44-312 and 44-330 San
Pablo Avenue, with a 30-day grace period for the Property Owner/Appellant
to work with the Palm Desert Police Department and appropriate City staff to
find an alternative lighting application that would comply with the City's
regulation and be satisfactory to the property owner; and with the
understanding that following the 30-day period, a report on the matter would
be brought back the City Council, with the Appellant also offered opportunity
to return to the City Council with his comments after 30 days.
A copy of the staff report with City Council Action stamp affixed thereto is enclosed for your
records. If you have any questions or require any additional information, please do not
hesitate to contact us.
Sincerely,
RACHELLE D. KLASSEN, CIVIC
CITY CLERK
RDK:mgm
cc: Hart Ponder, Code Compliance Manager
G:\CjWrk\Gloria MartineALetters\26-Business License - Code Compliance\CWm.Kisner - Case No 044551 and 04-4552.doc File #26-017
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Staff Report
Appeal of an Order to Abate a Public Nuisance — Case Nos. 04-4551 and 04-4552
Page 2 of 2
April 28, 2005
On January 14, 2005, an inspection was conducted. The inspection confirmed that the
property was still in violation of Chapter 24.16. Subsequently, An Order to Abate was
issued (Exhibit D) via certified mail asking the property owner to obtain permits and
install approved lighting at the property.
On February 15, 2005, Staff contacted the Planning Department, and no plans or
progress was made to comply with the City's Ordinance. Another request for time was
granted to the property owner to comply.
Since the First Notice to Abate had become stale (unenforceable because of a lapse
time), another Order to Abate was issued April 5, 2005. (Exhibit E) Mr. Kisner has now
appealed. (Exhibit F) A written notice was sent to the property owner that this matter
would be considered by the City Council on April 28, 2005.
It is staffs current viewpoint that Mr. Kisner has created a `false dilemma" by claiming
"safety" is the reason his property should be exempt from the code. In fact, approved
lighting can be achieved that directs the lighting more efficiently onto his property, which
will mitigate light fallout onto surrounding areas.
Code Staff is available for any questions you may have.
Submitted By: Department Head:
Hart Ponder mir "Ali" HamidzXeh
Code Compliance Manager * By Minute Motion °u h BuildingtOra Safety_
Aate issued
by Code Compliance, requiring the removal of unapproved
;Omer
proval:. lighting from 44-312 and 44-330 San Pablo Avenue, with
a 30-Day grace period for the Property Owner/Appellant
to work with the Pali Desert Police Department and appro-
priate City staff to find an alternative liggting applicat:
I.
ASSI nt City Manager that would comply with the City's regulation and
for Development EqtVices be satisfactory to the property owner; and with the under-
standing that following the 30-day period, a report on
the matter would be brought back to the City Council,
wiLi4T0e�,4.pn ra14�RNgffered opportunity to return
Carlos Ortega, anager APPROVED �,/ DENIED
Ci
RECEIVED OTHER
to the City Council with his comments
after 30 days. 3-0 MEETIN E4it •flh
(Benson, Ferguson ABSENT) AYES:
",')F S ;
ALiS'iA1NZ:
VERIFIED BY: �-
Original on File wAh City Clerk's Office