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APP 2008 001..; 12/2 il;'2007 FRI 8:•56 FAX tj 002/002 City of La Quinta Planning Department 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-1233. OFFICE USE ONLY Ej 77 C e ease -NO. t7- Date Recvd. /3/0 a 14" Fee: g2 17 5 Related Apps.: Logged in by: E Application for Appeal of Findings And/Or Conditions Appellant's Name , // g_5:..ce..Ai Date ./ Mailing Address : V /27 /j-G c ,- , ,e-e/e/aA a `✓ v� n�2f Cam- Phone: (940) X` 93 3 P-I Resolution # and Condition(s) of Approval being appealed Any development review action may be appealed pursuant to Section 9.2 Please identify the type of application: Type of Appeal: Change of Zone Specific Plan Conditional Use Permit Variance Minor Use Permit Tentative Tentative Parc Site Development Permit Temporary Use Permit X Other /Iio %ce o Rid/c 4v44r1ee Cue Wen-6-797 Please provide sufficient information so as to make clear the substance of each of the grounds for appeal. If applicable, indicate the number of the specific/condition which is being protested. .120 of the Zoning Code. Use additional sheets if necessary. P•�AnnlirafinnclAnnaal Fin`iinrsc..i•'nnrl ilnr. Signature of Appellant PLANNING COMMISSION. . STAFF REPORT DATE: . FEBRUARY 12, 2008 CASE.NO.: NOTICE OF PUBLIC NUISANCE CASE NO: 07-5797 APPELLANT: WILLIAM ROSSWORN REQUEST: • APPEAL OF PUBLIC NUISANCE DETERMINATION REGARDING • ,THE MAINTENANCE. OF AN OPEN • • EXCAVATION/ABANDONED SWIMMING POOL • VIOLATI.ON ON A.VACANT LOT LOCATION: PROPERTY OWNER: BACKGROUND: PARCEL 773-271-027 (PREVIOUSLY KNOWN AS 52-333 AVENIDA MARTINEZ BEFORE DWELLING DEMOLISHED BY OWNER) (ATTACHMENT 1) WILLIAM ROSSWORN On October 7, 2005, a site inspection was conducted by a Code Compliance Officer on the above mentioned parcel. Upon inspection, the officer observed the existence of an abandoned swimming pool/an open excavation posing an attractive nuisance to minors. The swimming pool, within fifteen feet of two adjacent properties, was filled with discarded hazardous materials including but not limited to a car battery, motor oil, a five gallon bucket of roofing material, a bicycle, a shopping cart, a garbage container, a pallet and other miscellaneous debris (Attachment 2). On October . 7, 2005, a Notice of Violation was mailed to the appellant to remove all the identified items/refuse that pose an attractive nuisance and to. secure the area immediately to eliminate the hazard identified (Attachment 3). On October. 21, 2005 Bill and Patricia Rossworn, appellants, applied for a Minor .Use Permit to install a ,temporary construction fence. In the application process, they stated their intent was to construct a home on the parcel where the previous dwelling was demolished by the owner. On October 21, 2005, Minor Use Permit 05-692 was issued for a Temporary Construction Fence at 52-333 Avenida Martinez (Attachment 4). On October 25, 2005, the swimming pool was inundated with polluted water, after significant rainfall, posing a more hazardous condition t. . (Attachment 5). On November 21, 2005, a re -inspection was conducted that revealed the debris was' removed and the construction fence was installed to secure the swimming pool. (Attachment 6). Subsequently, a Mr. Birdsell submitted building plans for the construction of a single family dwelling. Corrections were required for the plans; however, the applicant never resubmitted the corrected building plans. On November 15, 2007, Deputy Abrego reported to Code Compliance staff that vagrants have been hanging . out under the overgrown tree on this vacant lot. Additionally, on November 28, 2007, Laura Archuleta, owner of, 52230 Eisenhower Drive, reported . transients living on the vacant lot, resulting in her loss of privacy (Attachment 7). On November 28, 2007, a Code Compliance Officer conducted an inspection . and observed more debris, an increase in the graffiti, and an overgrown ficus tree that was harboring vagrants (Attachment 8). Consequently, on December 7, 2007, A Notice of Public Nuisance was mailed to the appellant identifying the conditions as violations requiring correction within twenty-one days. The notice specifically required the backfillof the abandoned pool (Attachment 9). On December 11, 2007, Mr. Rossworn applied for an appeal of Public Nuisance Case No. 07-5797 (Attachment 10). On January 31, 2008, an inspection was conducted to show the current condition of the vacant lot/abandoned swimming pool • (Attachment 11). . ANALYSIS: 1. In accordance with Section 1 1.72.050 (F) of the La Quinta. Municipal Code, the Planning Commission is required to review this matter and determine whether the public nuisance exists. The code provision does not authorize the Planning Commission to allow any relief from the code requirements. The Planning Commission's only authority is to determine if there is or is not a violation of the code based upon the facts presented in this report and at the public hearing. 2. The violation of Municipal Code is specific to Section 11.72.030 (G) which states any excavation, pit, well or hole maintained in a manner that is dangerous tolife or limb is declared a public nuisance (Attachment 12). The swimming pool has . demonstrated it attracts skaters, bikers, transients, vagrants, graffiti, debris, polluted water and hazardous material, and an inability to maintain the fencing for security. 3. The violation of Municipal Code is specific to Section 9.40.040 Table of permitted uses that designates swimming pools as being "permitted only if accessory to the principal residential use on the site" (Attachment 13). The swimming .pool served as an accessory use to the dwelling before its demolition. As the previously existing home was demolished, there can be no accessory structure or use without the primary structure or use being served. 4. The violation of Municipal Code is specific to Section 9.210.020 where the Minor Use Permit was originally viewed to have a low to moderate potential for adverse impact on surrounding properties and residents due to the stated intentions of the appellant (Attachment 14). The appellant indicated that the construction fencing would be temporary in light of the applicant's intention to construct a home supported by his submittal of plans for a building permit. To date the appellant never resubmitted plans after receiving corrections. This condition has existed for over two years. The lot is currently advertised for sale; further indicating that the applicant has no intention of building a home on the lot. 5. The violation of Municipal Code is specific to Section 11.72.030 AA that states storage of any item in a residential zone in a manner which endangers public health and safety is declared a public nuisance (Attachment 12). The swimming pool has demonstrated it attracts skaters, bikers, transients, vagrants, graffiti, debris, the maintenance of polluted water and hazardous material, and an inability to maintain the temporary fencing for security. 6. The violation of . Municipal Code . is specific to Section 1 1.72.030 (N) which declares the maintenance of the property so out of harmony or conformity with the maintenance standards of adjacent properties which causes a substantial diminution in the enjoyment, use or value of adjacent properties is declared a public nuisance (Attachment 12). As a conclusion to the analysis, the swimming pool poses an attractive nuisance, a danger to public health and safety, a substantial diminution in the enjoyment, use and value of adjacent properties and 'a direct conflict with appropriate land use in relation to previously referenced Zoning Ordinances. The only reasonable remedy to cure the violation is either the removal of the swimming pool in its entirety or the breaking of the shell to ensure. proper drainage and the backfill and compaction of the swimming pool to ensure it will no . longer be utilized for its current use nor be maintained in its previous or current condition to the detriment of the neighborhood. RECOMMENDATION: 1. Adopt Planning Commission Minute Motion 2008 , upholding the determination that a Public Nuisance exists at the aforementioned parcel/address with reference to Case No. 07-5797. Prepared by: ANTHONY MORENO, Senior Code Compliance, Officer Submitted by: DAVID SAWYER, Planning Manager Attachments: 1. Site/Parcel Map 2. October 7, 2005 Photographs of Vacant Lot & Swimming Pool 3. October 7, 2005 Notice of .Violation 4. Minor Use Permit 05-692 Approval Letter 5. October 25, 2005 Photographs of Pool 6. November 21 & 28, 2005 Photographs of Pool 7. Case History. Report : 07=5797 8. November 28, 2007 Photographs of Pool 9. Notice of Public Nuisance Case. No. 07-5797 10. Appellant's Appeal of Notice of Public Nuisance Case No. 07-5797 11. January 31, 2008 Photographs. of Vacant lot & Pool 12. La Quinta Municipal Code 1 1.72.030. 13. La Quinta Municipal Code 9.40.040 Table of Permitted. Uses 14. La Quinta Municipal Code 9.210.020 Forest Floor Page 1 of 1 Carolyn Walker From: Anthony Moreno Sent: Thursday, December 27, 2007 11:54 AM To: Phyllis Manley Cc: Kevin Meredith; Carolyn Walker; Betty Sawyer Subject: RE: corrected home address for property owner of pool at 52-275 Avenida Martinez Thanks Phyllis: I spoke to Kevin and we will be meeting after lunch to review the case. We,will update the case with Mr. Rossworn's new mailing.address. Again, he will be best served for future to do a change of mailing address with the. Riverside County Assessor's;office.., We will touch base with Planning to.see if Betty has sent any correspondence or phone calls to Mr: Rossworn to advise him he cannot simply send a letter asking the Planning Commission to review a Notice of Public Nuisance and to rule whether to.allow him to maintain his swimming pool on the lot where he demolished the house. He would need to fill out an application to appeal a Notice of Public Nuisance and pay`the respective fees and go through the public hearing process. From: Phyllis Manley Sent: Thursday, December 27, 2007 11:37 AM To: Anthony Moreno Cc: Kevin Meredith Subjects corrected home address for property owner of pool at 52-275 Avenida Martinez Thanks for'following up on this Anthony. His correct home address is 78-1.74 Calico Glen, Bermuda Dunes 92203. His phone number is 345-2865. r oSS w ov-vtc3 aot. Co.,- 12/27/2007 PREPARED 1/03/08, 14:38:23 CASE HISTORY REPORT PAGE 1 PROGRAM CE200L CASE NUMBER 07-00005797 CITY OF LA QUINTA _ CASE TYPE APN ADDRESS DATE ESTABLISHED INSPECTOR STATUS STATUS DATE TENANT NAME TENANT NBR Property Maintenance 773-271-027- - - 522.75 AVENIDA MARTINEZ LA QUINTA-' CA 92253 • CASE DATA: Parcel Number Inspector Phone Number Admin Citation Number Hazardous Condition LQMC LQMC TEXT Hearing.Date Violation Number Violation Number 2 Violation Number 3 Violation Name Violation Name 2 Violation Name 3 Fine Fine 2 Fine 3 Total 1 Location of Violation NOPN date 11/15/07 Kevin Meredith 772-271-027 777-7017. Vacant Lot 12-21-07 . NARRATIVE: Time Stamp: 11/15/2007 03:51 PM KMEREDITH11/15/07 November 15, 2007 3:53:00 PM kmeredith - 11/15/07 Officer Meredith was advised by Officer Escatel that RSO 11/15/07 Deputy Barago has reported that vagrants have been hanging 11/15/07 out under the overgrown tree onthis vacant lot. Officer 11/15/07 arrived and observed an.overgrown tree, open exavation, 11/15/07 unapproved fence material and debris. Officer ordered a 11/15/07 Property Profile from FATCO. 11/15/07 Time Stamp: 11/28/2007 08:33 AM SKHATAMI 11/28/07 Laura Archeletta 702-381952230 Eisenhower Drive - , • • 11/28/07 reporting transients living on the vacant lot and in the .11/28/07 trees on the property. By climbing,and sitting in the trees 11/28/07 they can see right into her livingroom and backyard. The. 11/28/07. vacant lot is South of 52225 Avenida Martinez. 11/28/07 Time Stamp:, 11/28/2007 04:01 .PM KMEREDITH 11/28/07 November 28, 2007 4:02:25 PM kmeredith . • 11/28/07 Officer Meredith conducted another inspection of the vacant-11/28/07 lot and observed .that there is more debris under the, 11/28/07 overgrown tree and more graffiti in the pool. Officer.did ..11/28/07 :. not observe any persons on the property at the time of . 11/28/07 inspection but based on the debris, what the citizen., 11/28/07 reported appears accruate. CSM Conrad called 345-2865 and -11/28/07 left a message for Mr. Rossworn to call the City regarding..•...11/28/07. a Public Nuisance on his -vacant lot. #409-8131•was obtained 11/28/07 as a possible cell number for Mr•. Rossworn. Notice of 11/28/07 Public Nusinance submitted to SCO Moreno for approval. 11/28/07 Active 11/15/07 J PREPARED 1/03/08, 14:38:23 PROGRAM CE200L CITY OF LA QUINTA CASE HISTORY REPORT PAGE 2 CASE NUMBER-07-00005797 CASE TYPE APN . ADDRESS. DATE ESTABLISHED INSPECTOR'S STATUS STATUS DATE TENANT NAME TENANT NBA Property Maintenance ' 773-271-027- - - 52275 AVENIDA MARTINEZ LA QUINTA CA 92253 11/15/07 Kevin Meredith NARRATIVE: Time Stamp: 11/29/2007 08:24 AM-AMORENO 11/29/07 The Notice of Public Nuisance was reviewed 11/29/07 and approved. 11/29/07 Time Stamp: 12/05/2007 04:39 PM KMEREDITH - 12/05/07 December5, 2007 4:41:12 PM kmeredith 12/05/07 Officer Meredith left a message at 345-2865 for Mr. . 12/05/07 Rossworn requesting a call back in order to meet at the 12/05/07 vacant lot to discuss what is needed. . 12/05/07 Time Stamp: 12/07/2007 09:28 AM KMEREDITH 12/07/07 December 7, 2007 9:29:35 AM kmeredith • ' 12/07/07 Officer Meredith and Officer Morris met with Mr. Rossworn ,12/07/07 at this vacant property. Officer Meredith explained what 12/07/07 needs done. The pool needs removed/filled in, the tree 12/07/07 'needs trimmed with a min. 7' canopy, the temporary fence 12/07/07 needs removed and the debris needs cleaned up. Mr. Rossworn 12/07/07 stated that he will take care, of all issues except for the 12/07/07 pool. He said he plans to build a house and use the pool. 12/07/07 Officer reiteriated the City's position and Mr. Rossworn . 12/07/07 advised he will follow the appeals process. Officer' • 12/07/07 inquired about Jim and Veronica Rodriguez and James and .12/07/07 Deborah Dudley, Mr. Rossworn stated he doesn't know those 12/07/07 people and, they have nothing to do with the property. 12/07/07 Officer handed Mr. Rossworn and copy of the NOPN and posted. 12/07/07 • a copy on the property. Officer mailed copies regular and' 12/07/07 certified to Mr. Rossworn. , .. 12/07/07 Time Stamp: 12/13/2007 08:55 AM KMEREDITH 12/13/07 December 13, 2007 8:57:.01 AM kmeredith - 12/13/07 Officer received a copy of a. fax sent by Mr. Rossworn to. 12/13/07 the Planning Commission indicating that he would like to 12/13/07 discuss the pool located on this vacant lot. Officer 12/13/07 provided a copy of photos and documents to Betty Sawyer as • 12/13/07 instructed. - 12/13/07 Time Stamp: 12/13/2007 02:55 PM KMEREDITH 12/13/07 December 13, 2007 -2:57:28 PM' kmeredith 12/13/07 Officer Meredith conducted a follow up today and observed 12/13/07 that the tree had been trimmed. All other violations remain., 12/13/07 Time Stamp: 12/27/2007 01:07 PM KMEREDITH 12/28/07 Officer conducted a follow up and observed that a worker 12/28/07 was in the process of repairing the fence around the.pool. 12/28/07 Officer took photos but did not make contact. Mr. Rossworn .:12/28/07 called City Hall to inquire about the Officer at the. .. • 12/28/07 property and to check the status of the appeal. Officer and 12/28/07 SCO Moreno contacted Carolyn walker in Betty Sawyers '12/28/07 absence to check the status of the appeal. Officers learned 12/28/07 that -the faxed appeal/request for discussion was being 12/28/07 considered an appeal for the purpose of a timely request 12/28/07 Active 11/15/07 PREPARED '1/03/08, 14:38:23 PROGRAM CE200L CITY OF LA QUINTA CASE HISTORY REPORT PAGE 3 CASE NUMBER 07-00005797 CASE TYPE' APN ADDRESS DATE ESTABLISHED • INSPECTOR' STATUS TENANT NAME STATUS DATE ' TENANT NBR Property Maintenance 773-271-027- - 52275 AVENIDA MARTINEZ LA QUINTA CA 92253 11/15/07 Kevin Meredith NARRATIVE: but that the appelant needs to fill out the actual application and submit the fees. Officers called Mr. Rossworn and explained the procedure' from start to finish and obtained a fax number 345-3807 to fax a copy of the application. (faxed). Time Stamp: 01/02/2008 01:07 PM KMEREDITH Officer Meredith'received a call from Mr. Rossworn, he inquired if Code Compliance had any additional charge besides the 175.00 that Planning is charging for the appeal process. Officer contacted Planning and verified the amount. Officer then advised Mr. Rossworn that the 175.00 is the total amount due with his appeal application. Mr. Rossworn asked if the only issues is the pool and was advised that yes the pool and temp.fence, the tree and weeds are in the process ofbeing taken care of. NOTICE'NAMES: WILLIAM ROSSWORN OWNER HISTORY: SCHEDULED ACTION 11/15/07 First Inspection RQST TEXT: Time RSLT TEXT: Time 11/28/07 11/28/07 Respond to: Send to: Mail tracking Name/address: Telephone: Fax: EMail: • 12/05/07 Reinspection RQST TEXT: Time RSLT TEXT: Time 12/28/07 12/28/07 12/28/07 12/28/07 12/28/07 1/02/08 1/02/08 1/02/08 1/02/08 1/02/08 1/02/08 1/02/08 1/02/08 1/02/08 1/02/08 STATUS RESULTED COMPLETED Stamp: 11/15/2007 03:55 Stamp: 11/15/2007 03:55 COMPLETED Stamp: 11/28/2007 12:07 Stamp: 11/28/2007 12:08 11/15/07 PM KMEREDITH PM KMEREDITH 11/28/07 PM KMEREDITH PM KMEREDITH Notice of Public Nuisance ISSUED 11/28/07 Date: 0/00/00 Owner- #: WILLIAM ROSSWORN 41530 WOODHAVEN DR. PALM DESERT, CA 92211 12/07/07.- Respond to: Send to: Phone/Counter Contact COMPLETED NARRATIVE: Time Stamp: 12/05/2007 04:41 Notice of Public Nuisance Owner 12/05/07 PM KMEREDITH ISSUED 12/07/07 .Date: 0/00/00 Active INSPECTOR Kevin Meredith 11/15/07 11/15/07 Kevin Meredith 11/28/07 • 11/28/07 12/05/07 11/15/07 TIME .1.00 1.00 PREPARED 1/03/.08 14:38:23 PROGRAM CE200L CITY OF LA QUINTA CASE HISTORY REPORT CASE NUMBER 07-00005797 r— PAGE CASE TYPE APN ADDRESS. DATE ESTABLISHED INSPECTOR STATUS TENANT NAME STATUS DATE TENANT NBR Property Maintenance 773-271-027- - - 52275 AVENIDA MARTINEZ LA QUINTA CA.92253 Mail tracking #: Name/address: WILLIAM ROSSWORN 41530 WOODHAVEN DR. PALM DESERT,'CA 92211 Telephone: Fax: EMail: 12/07/07 VIOLATIONS: 1/04/08 1/04/08 DATE 11/15/07 11//..15/07 . 11/15/07 11/15/07 11/28/07 Reinspection RQST TEXT: Time Stamp: RSLT TEXT: Time Stamp: Reinspection RQST TEXT: Time Stamp: RSLT TEXT: Time Stamp: Reinspection RQST TEXT: Time Stamp: RSLT TEXT: Time Stamp: Reinspection RQST TEXT: Time Stamp: Weed Bid Letter Weed Award letter. Reinspection DESCRIPTION 9.60.030 (G) LOCATION: NARRATIVE: Time Stamp: 11.72.030 (T1) LOCATION: NARRATIVE: Time Stamp: 11.72.030 (T8) LOCATION: NARRATIVE: TimeStamp: 11.72.030 (G) LOCATION:. ABANDON POOL NARRATIVE: Time Stamp: 11.72.030 (L) LOCATION: GRAFFITI POOL NARRATIVE: Time Stamp: 11/28/2007 11/15/07 Kevin Meredith COMPLETED - 12/07/2007 09:22 12/07/2007 09:22 COMPLETED 12/07/2007 09:22 12/13/2007 08:56 ' COMPLETED 12/13/2007 08:57 12/28/2007.. 01:13 SCHEDULED 12/28/2007 01:13 PENDING PENDING PENDING QTY 1 12/07/07 AM KMEREDITH AM KMEREDITH 12/13/07 AM KMEREDITH AM KMEREDITH 12/28/07 AM KMEREDITH PM KMEREDITH PM KMEREDITH Active Kevin Meredith 12/07/07 12/07/07 Kevin Meredith 12/07/07 12/13/07 Kevin Meredith 12/13/07 12/28/07 Kevin Meredith' 12/28/07 CODE . .'STATUS PROHIBITED FENCES- 11/15/2007 03:58 PM KMEREDITH 1 LUMBER, REFUSE, JUNK 11/15/2007 03:59 -PM KMEREDITH 1 OVERGROWN VEGETATION. 11/15/2007 03:59 PM 1 OPEN PIT KMEREDITH OR HOLE 11/15/2007 04:06 PM KMEREDI.TH. 1 GRAFFITI 12:11 PM KMEREDITH 11/15/07 ' TOTAL TIME: Active/Founded 11/15/07 Active/Founded 11/15/07 Active/Founded 11/15/07 Active/Founded 11/15/07 Active/Founded 11/28/07 1.00- .25 1.00 4.25 RESOLVED P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 December 7, 2007 r WILLIAM ROSSWORN 41530 WOODHAVEN DR. PALM DESERT,.CA.92211 Dear Owner(s): A • COMMUNITY SAFETY DIVISION • (760)777-7050 FAX (760) .777-7011 Re: 52275 AVENIDA MARTINEZ Parcel # 772-271-027 Case # 07-00005797 Officer: .Kevin Meredith. THIS NOTICE is herebysubmitted to you as owner(s) of the above referenced property. A recent inspection of your property revealed .conditions that constitute a public. nuisance in 'violation of the La Quinta Municipal Code. .The conditions of the property are in.violation of La Quinta Municipal Code'11.72.0.30. Please correct these conditions within twenty-one (21.) days 12-21-07, or be subject to City abatement, under LQMC 11.72.050. J CE- N2 NOTICE OF PUBLIC NL...ANCE Case Number: 07-00005797 Page 2of4 Failure to correct the listed violation(s) within the tine frame indicated will result in the City initiating abatement .proceedings and/or criminal prosecution to correct the violation(s), All contractorabatement costs and a 25 % administrative fee shallbe charged to the property owner(s) as a lien upon the property and shall become a personal obligation of the owner(s) of record. By acting immediately to correct the violation(s) referenced, you will avoid these and any future costs. If you object to the determination of cited violation(s), you must file a written protest to the Planning Commission no later than ten (1.0) days from the date of this notice. The appeal shall be in writing and filed with the City Clerk. If you have any questions, please contact Kevin Meredith at (760) 777-7017. Please ,provide the case number 07-00005797 and the property address. Yourassistance in supporting the Code Compliance Division to maintain the safety and appearance of our city is greatly appreciated. You may contact .me at the above referenced phone number if you require assistance. Sincerely, Kevin Meredith Code Compliance Officer CC: All Parties via Certified and First Class Mail • CE N2' NOTICE OF PUBLIC Ni 4NCE Case Number: 07-00005797 Page 3 of3 PUBLIC NUISANCES. Violation Description 9.60.030 (G) Prohibited. Fence Materials and Construction Fences. The use of barbed wire, razor wire, chain link, or similar materials in or on fences is prohibited in all residential districts. Chain link fencing is permitted for temporary construction fences when authorized by -a minor use permit issued in accordance with Section 9.210.020. Said minor use permit shall not be approved until a permit for grading,or construction, has been filed for, whichever comes first. Violation Corrective Action Remove the prohibited fence or acquire a minor use permit for the temporary construction fence. Violation Description . PUBLIC NUISANCE DECLARED: 11.72.030 (T1): Allowing the following to exist on property: Lumber, junk, refuse and waste matter or abandoned, discarded or unused objects or equipment such as furniture, appliances, and play equipment which is visible from the public right-of-way. Violation Corrective Action Remove from public view all items/refuse, abandoned .% materials, or unused objects or equipment. Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (T8): Allowing the following to exist on property: Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubsand overgrown vegetation likely to harbor rats or vermin or constitute an unsightly appearance or fire hazard. Violation Corrective Action Remove hazardous trees or other vegetation that creates a health and safety issue, a habitat for rats, vermin, or an unsightly appearance. and a fire hazard. Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (G): Any excavation, pit, well or hole maintained in a manner that is dangerous to' life or limb. Violation Corrective Action CEN2 NOTICE OF PUBLIC Ni__ _ ANCE Case Number: 07-00005797 Page3of3 Secure and fill in the area immediately to eliminate the hazardous situation. Violation Description .PUBLIC NUISANCE DECLARED: 11.72.030 (L): The use of any spray, paint; dye, chalk or • similar substance to mark or deface any building, structure, hillside, rock(s), storm channel, or any other surface open to public view which is commonly known as graffiti. Violation Corrective Action Remove prohibited graffiti. CEN2 Page l of l Carolyn Walker From: Anthony Moreno Sent: Thursday, December 27, 2007 11:56 AM To: Betty Sawyer Cc: Phyllis Manley; Carolyn Walker; Kevin Meredith Subject: FW: public nuisance case From: Anthony Moreno Sent: Thursday, December 13, 2007 12:00 PM To: Betty Sawyer Subject: RE: public nuisance case Betty: Kevin came.by this morning with the Notice of Public Nuisances on both Tots and the pictures showing the shell of the swimming pool at the property where the house has been demolished for several years. The shell of the pool is an attractive nuisance where kids are continually gathering for skateboarding. There is graffiti, an overgrown tree that needs a 7' canopy cut where people can't harbor under anddebris:everywhere. The temporary permit for the chain link fencing was for a temporary purpose. The fencing is not maintained and is regulary in poor condition. Rossworn has been saying for years he is going to build a house and has never submitted plans. He does not care about the impact he has had on the neighborhood. - We are requiring him to break the shell of the pool and to fill it in with native soil and adequately compact it, trim the tree, remove a dead tree, remove all dry brush and debris and the dilapidated fencing.' He lives out of the City and is not impacted by the condition he has left. We intend to have him resolve the issues or to prosecute the case in Superior Court. Kevin will come by after lunch to review with you. Anthony Moreno Code Compliance Supervisor 760-777-7034 amoreno@la-quinta.org From: Betty Sawyer Sent: Wednesday, December 12, 2007 11:50 AM To: Anthony Moreno Subject: public nuisance case •We need to know what this is all about. • Betty Sawyer 78-495-Calle Tampico P. 0." Box 1504 La Quinta, CA 92247 760-777-7063 12/27/2007 Page 1 of f Betty Sawyer From: Anthony Moreno Sent: Thursday, December 13, 2007 12:00 PM To: Betty Sawyer Subject: RE: public nuisance case Betty: Kevin came by this morning with the Notice of Public Nuisances on both lots and the pictures showing the shell of, .,. the swimming pool at the property where the house has been demolished for several years. The shell of the pool is an attractive.nuisance where kids are continually gathering for skateboarding. There is graffiti, an overgrown tree that needs a 7' canopy cut where people can't harbor under and debris everywhere. The temporary permit; 1. for the chain link fencing was for a temporary purpose. The fencing is not maintained and. is regulary in poor • condition. Rossworn has been saying for years he is going to build a house and has never submitted plans. He • does not care about the impact he has had on the neighborhood. We: are•requiring him to break the shell of the pool and to fill it in with native soil and 'adequately compact it, trim the tree, remove a dead tree, remove all dry brush and debris and. the dilapidated fencing. He lives out of the City and, is not impacted. by, the; condition he has left. We intend to have him resolve the issues or to prosecute the case in •Superior Court. Kevin will come by after lunch to review with you. • Anthony Moreno. Code Compliance Supervisor 760-7Z7=7034 •' amoreno@la-quinta.org From:: Betty Sawyer ;... Sent: Wednesday; December 12; 2007 '11:50 AM TO: Anthony Moreno Subject: public nuisancecase We need to knowwhat this is all about. Betty Sawyer 78-495 Calle Tampico P'.` O. Boz 1504. La Quinta, CA 92247' 760-777-7063 • c 4..-1`1 • 12/13/2007 BILL ROSSWORN 78174 CALICO GLEN DRIVE BERMUDA DUNES, CA. 92203 ROSSWORN @I AOL.COM (760) 345-2865 FAX (760) 345-3807 CELL (760) 409-8131 To: PLANNING COMMISSION ROSSI FINANCIAL RECIEgVIE DEC 12 2007 CITY OF LA QUINTA PLANNING DEPARTMENT FROM: BILL ROSSWORN Fax: Pages: Phone: Date: 12-11-07 Re: PUBLIC NUISANCES CC: # 07-00005797 Urgent For Review Please Comment X Please Reply Please Recycle • Comments: IF YOU DID NOT RECEIVE ALL THE PAGES PLEASE CONTACT BILL @ (760) 345-2865 I WOULD LIKE TOTALK TOTHE-PLANNING_COMMISSION-ABOUT-MY-POOL-.J THANKS WILLIAM ROSSWO Appl cat-ai on Innqui. ry * Application 04.00005: Bonds 0 Contractor escrow ® Fees - Global balance du Inspection history - / Mis ell rieousjgfo EJ Names ©' Penntts -• Plan tracking I. DB Receipts al Square footage cal • El Structures '• ® Valuationcalculali . Land.lnqutryy;::.: Property Information • • • Address: S2 33,AVENIDA NARrINEZ t' LA QUINFA,'CA 92253 'r. Tn.J S7Al.•f -, .� Application Information k• 'Appticat1on status r IN.PLAN O4ECK Status Date :r 5/14/200Z •_....i -^-.• rWFi-fn4.1tTMI]"c=FOIdT1V =I'E : Code • s.,Ar'0Fa::.r<ax,..x..6,Freeform infoimationm,aurn,.L+. u..r t. Date ;io.e •rPunt fie .. Permitdrs lay tow Inspect BPNT r1856 SO. FT. SFD THIS PERIMIT DOES NOT 10/01%2009 Y Y �INCLUDE(FOOL 6 PA,5;BLOCK 4,WoTTS OR -; e1070�Z009':4 :hz _ Y-_.�.;.n c;- B : • DF,IVEWAY APPROACH. 1071704 9: 14:57 AN 10 01%20D4 - Y ,JJOHNSON.,;,NOTE.•:! 05 • .-17- b •THESE ,a; :._;, s'c 10/0 W2009i%s;e! 1 Y :y fl Y,xtx,.i..-- :; IBM IPLANS(BY GLS, STRUCT REVIEW: BY VCA)WERE 10/0172009 Y 5 E'itf ID ISCARDED; 6,THIS,, APPLICATION EXPIRED. 'a..a x;. +10/01/2009', ip' ADDITIONAL P/C 0 THIS ADDRESS 000 10[01f2009 Y BPNT 4. !ANOTHER?HOUSE 0 .2ND._ ,BOUSEr0. 52 275�. . .:•>� „Ft Y'.x .,E BPNT MARTINEZ(NOT IN HTE, SOATTACHED TO .1070172009 Y THIS -ADDRESS GB' GB:; HAS. EXTEId5X0WREQUEST . ),,..F 0/01/2009; ::e;;* t Y_n'.',Y_ti .-,i •- •. BPNTETTER FOR MOST RECENT P/C'S. 01/ I Y Y'. BPNT Ju1 L7,.a2006 8:4'7 49.AM:;.ere.ndall;:-: . ;,,% ;•10%0.1/200S• - _ ,:Y (EPNT APPLICATION EXPIRED. PLANS DISCARDED ON "9%28/2006 Y 9/28706 a .; ' c ., ,r9/2872006'„ .. _.r__ Y.-... IBPNT ;September 20, 2006 8:48:57 AM qbutler 07 721T06 - , PREPARED 2/01/08, 10:45:37 CASE HISTORY REPORT PAGE PROGRAM CE200L CASE NUMBER 07-00005797 CITY OF LA QUINTA CASE•TYPE - . DATE, ESTABLISHED- STATUS - STATUS DATE • APN ADDRESS INSPECTOR :.TENANT NAME - TENANT NBR Property Maintenance 773-271-027- - 52275 AVENIDA MARTINEZ LA QUINTA CA 92253 11/15/07 . • • Kevin Meredith NARRATIVE: Time Stamp: 11/29/2007 08:24 AM AMORENO 11/29/07' The Notice. of Public Nuisance was reviewed 11/29/07 and approved. 11/29/07 Time Stamp: 12/05%2007 04:39, PM KMEREDITH 12/05/07. December 5, 2007 4:41:12 PM .kmeredith' • - 12/05/07 Officer Meredith left a message at 345-2865for Mr..- 12/05/07 Rossworn requesting a call back in order to meet at the 12/05/07 vacant lot to discuss what is needed. 12/05/07 'Time Stamp: 12/07/2007 09:28 AM KMEREDITH - 12/07/07 December 7, 2007'9:29:35 AM kmeredith. 12/07/07 Officer Meredith and'Officer Morris met with Mr. Rossworn 12/07/07 at this vacant property. Officer Meredith explained what. 12/07/07 needs 'done. The pool needs removed/filled in, the tree 12/07/07 needs trimmed with a min. 7' canopy, Elietemporaryfence 12/07/07 needs removed and the debris needs cleaned up. Mr. Rossworn 12/07/07 stated that he will take care of all issues except for the 12/07/07 pool. He said he plans to build a house and use the pool. 12/07/07 Officer reiteriated the City's-position and Mr. Rossworn 12/07/07 advised he will follow the appeals process. Officer 12/07/07 inquired about. Jim and Veronica Rodriguez and James and ' 12/07/07 Deborah Dudley, Mr. Rossworn stated he.doesn',t know those 12/07/07 people and they have nothing to do with the property. 12/07/07' Officer handed Mr. Rossworn and copy of the NOPN and posted 12/07/07 a copy,_ on the property. Officer mailed copies regular and 12/07/07 certified to Mi. Rossworn. 12/07/07 Time Stamp: 12/13/2007 08:55 AM KMEREDITH - 12/13/07 December 13, 2007 8:57:01 AM kmeredith ' 12/13/07 Officer received a copy of a fax sent by Mr. Rossworn to 12/13/00 the Planning Commission indicating that he would like to - 12/13/07 discuss the pool located on this vacant lot. Officer 12/13/07 provided a copy of photos and documents to Betty Sawyer as 12/13/07 instructed. - - 12/13/07 Time Stamp: 12/13/2007 02:55 PM KMEREDITH 12/13/07 December 13, 2007 2:57:28 PM kmeredith - 12/13/07 Officer Meredith conducted a follow up today and observed 12/13/07 that the tree had been trimmed. All other violations remain 12/13/07 Time Stamp: 12/27/2007 01:07 PM KMEREDITH 12/28/07 Officer conducted a follow up and observed that a worker 12/28/07 was in the' process of'repairing the fence around .the pool. 12/28/07 Officer took photos but.did not make contact. Mr. Rossworn 12/28/07 called City Hall to inquire about the Officer at the 12/28/07 property and to check the status of the appeal. Officer and 12/28/07 SCO-Moreno contacted Carolyn Walker in Betty Sawyer's 12/28/07 absence to check the status of the appeal. Officers learned -12/28/07 that the faxed appeal/request for discussion was being 12/28/07 considered an appeal for the purpose of a timely request 12/28/07 Active - 11/15/07 c PREPARED 2/01/08, 10:45:37 CASE HISTORY REPORT • PROGRAM CE200L • CASE NUMBER 07-00005797 CITY OF LA QUINTA , PAGE 3 CASE -TYPE' APN ADDRESS DATE ESTABLISHED INSPECTOR - STATUS • TENANT NAME STATUS DATE. TENANT NBR Property Maintenance 773-271-027- - - 5227.5 AVENIDA MARTINEZ LA QUINTA CA 92253 11/15/07 Kevin Meredith � NARRATIVE: but that the appellant needs,to fill out the actual '12/28/07 application and submit the fees. Officers called Mr.' • 12/28/07 Rossworn and explained the procedure from start to finish' 12/28/07 and obtained a fax number 345-3807 to fax.a cop of the-.12/28/07 application. (faxed). 12/28/07 Time Stamp: 01/02/2008 01:07 PM KMEREDITH 1102/08 Officer Meredith received a call from Mr. Rossworn, he . 1/02/08 inquired if Code Compliance had any additional charge 1/02/08. besidesthe175.00 that Planning is charging for the appeal 1/02/08 process. Officer contacted Planning and verified the 1/02/08 amount. Officer then advised Mr. Rossworn that the'175.00 1/02/08 is the total amount due with his appeal application. Mr. 1/02/08 Rossworn asked if the only issues is the. pool and was. 1/02/08 advised that yes the pool and temp fence, .the tree and • 1/02/08 • weeds are in the process of being taken care of. 1/02/08 Time Stamp: 01/07/20.08 04:13 PM KMEREDITH 1/0.7/08 January 7, 2008 4:15:34 PM kmeredith- 1/07/08 Officer Meredith received a report from Stephanie, Counter 1/07/08 Tech. that people were squating in the pool on this vacant 1/07/08 lot again. Officer conducted an inspection and observed no 1/07/08 evidence of such activity but did see that more graffiti ' 1/07/08 has been sprayed in the abandoned pool. Officer observed .1/07/08 that the pool -is now secure with a chainlink fence. Debris 1/07/08 on the lot still needs to be removed. 1/07/08 . NOTICE NAMES: WILLIAM ROSSWORN", HISTORY: SCHEDULED ACTION . OWNER -11/15/07 First "Inspection -" RQST TEXT: Time Stamp: RSLT TEXT: Time Stamp: 11/28/07 Reinspection RQST TEXT: Time Stamp: RSLT TEXT:' Time Stamp: 11/28/07 Respond to: Send to: Mail tracking #: Name/address: • STATUS COMPLETED 11/15/2007 03:55 11/15/2007 03:55 COMPLETED 11/28/2007 12:07 11/28/2007 12:08 Notice of Public Nuisance Owner WILLIAM ROSSWORN 41530 WOODHAVEN DR. PALM DESERT, CA 92211 ' RESULTED 11/15/07 PM KMEREDITH PM .KMEREDITH 11/28/07 .PM KMEREDITH PM KMEREDITH ISSUED 11/28/07 Date: 0/00/00 Active INSPECTOR Kevin Meredith 11/15/07 11/15/07 Kevin Meredith 11/28/07 11/28/07 11/15/07 TIME 1.00 1.00 PREPARED 2/01/08, 10:45:37 PROGRAM CE200L CITY 'OF LA QUINTA CASE HISTORY REPORT PAGE 4 CASE NUMBER 07-00005797 CASE TYPE APN ADDRESS DATE ESTABLISHED INSPECTOR STATUS TENANT ,NAME STATUS DATE TENANT NBR Property Maintenance .11/15/07 773-271-027- 52275 AVENIDA MARTINEZ - Kevin Meredith LA QUINTA CA 92253 Telephone: Fax: . EMail: \ 12/05/07 Phone/Counter Contact COMPLETED 12/05/07 NARRATIVE: Time Stamp:` 12/05/2007 04:41 PM KMEREDITH 12/07/07 Notice of Public Respond to: Send to: Owner Mail tracking #: Name/address: .WILLIAM ROSSWORN 41530 WOODHAVEN DR. PALM DESERT, CA 92211 Telephone: Fax: EMa'il: 12/07/07 Reinspection RQST TEXT: Time Stamp: RSLT TEXT': Time Stamp: 1/04/08 Reinspection RQST TEXT: Time RSLT TEXT: Time Stamp: Stamp: 1/04/08 Reinspection RQST TEXT: Time Stamp: RSLT TEXT: Time Stamp: 1/11/08 Reinspection RQST TEXT:, Time Stamp: RSLT TEXT: Time Stamp: 1/17/08 Reinspection RQST TEXT: Time Stamp: Weed Bid Letter Weed Award letter Reinspection 'VIOLATIONS:. DATE DESCRIPTION 11/15/07 9.60.030 (G) LOCATION: NARRATIVE: Time. Stamp: 11/15/2007 11/15/07 11.72.030 (T1) 1 LOCATION: NARRATIVE: Time Stamp: 11/15/2007 11/15/07 11.72.030 (T8) 1 Nuisance ISSUED 12/07/07 Date: 0/00/00 COMPLETED 12/07/2007 09:22 12/07/2007 09:22 COMPLETED. 12/07/2007 09:22 12/13/2007 08:56 COMPLETED 12/13/2007 08:57 12/28/2007 01:1.3 COMPLETED 12/28/2007 01:13 01/07/2008 04:15 12/07/07 AM KMEREDITH AM KMEREDITH 12/13/07 AM KMEREDITH AM KMEREDITH 12/28/07 AM KMEREDITH PM KMEREDITH 1/.07/08 PM KMEREDITH PM KMEREDITH SCHEDULED 01/07/2008 04:15 PM KMEREDITH PENDING PENDING PENDING :QTY CODE .1 PROHIBITED FENCES 03:58 PM KMEREDITH LUMBER, REFUSE, JUNK 03:59 PM KMEREDITH OVERGROWN VEGETATION Active 12/05/07 Kevin Meredith 12/07/07 12/07/07 Kevin Meredith 12/07/07 12/13/07 Kevin Meredith • 12/13/07 12/28/07 Kevin Meredith 12/28/07 1/07/08 Kevin Meredith 1/07/08 STATUS 11/15/07 TOTAL -TIME: Active/Founded 11/15/07 Active/Founded 11/15/07 Active/Founded 1.00 .25 1.00 .50. 4.75 RESOLVED PREPARED 2/01/08, 10:45:37 PROGRAM CE200L CITY OF LA QUINTA CASE -HISTORY REPORT . PAGE 5 CASE NUMBER 07-00005797 CASE TYPE APN ADDRESS., DATE ESTABLISHED• INSPECTOR STATUS STATUS DATE TENANT NAME TENANT NBR• Property Maintenance ( 11/15/07 Active 11/15/07 773-271-027- - - - 52275 AVENIDA MARTINEZ Kevin• Meredith LA QUINTA CA 92253 LOCATION: • NARRATIVE: Time Stamp: 11/15/2007 03:5.9 PM KMEREDITH 11/15/07 11/15/07 11.72.030 (G) 1 OPEN PIT OR HOLE Active/Founded LOCATION: ABANDON POOL NARRATIVE: Time Stamp: 11/15/2007. 04::06 PM KMEREDITH - 11/15/07 11/28/07 11.72.030 .(L) 1 GRAFFITI Active/Founded LOCATION: GRAFFITI POOL NARRATIVE: Time Stamp: 11/28/2007 12:11' PM KMEREDITH 11/28/07 ROSSWORN 78174 cALico. GLEN DRIVE BERMUDA DUNES, CA. 92203 ROSSVVORN@AOLCOM (760) 345-2865 FAX (760) 345-3807 CELL (760) 409-8131 To: 'PLANNING COMMISSION: Fax: ROSSI FINANCIAL FROM: BILL ROSSWORN Pages: -41 Phone: Date: 12-11-07 Re: PUBLIC NUISANCES # 07-0000707 CC: Urgent For Review Please COnunerit X Please Reply tfrlit v Please Recycle • Comnients: IF YOU DID NOT RECEIVE ALL THE PAGES PLEASE CONTACT BILL (760) 345-286 I WOULD LIKE TO TALK TO THE PLANNING COMMISSION ABOUT MY POOL . THANKS VVILLIAM ROSSWO William Rossworn 41530 Woodhaven Drive East Palm Desert, CA 92211 Jim E. Rodriguez and Veronica Rodriguez 38154 Padaro St. Murrieta, CA 92563 James and Deborah Dudley 15857 Oliver St. Moreno Valley, CA 92555 James and Deborah Dudley 15857 Oliver St. Moreno Valley, CA 92555 Jim E. Rodriguez and Veronica Rodriguez 38154 Padaro St. Murrieta, CA 92563 William Rossworn 41530 Woodhaven Drive East Palm Desert, CA 92211 091.8/0965onland Dane elggeawoa ww Lg x ww sZ >euuo; ap 8l0n1314 n919/0919 JOAV UtIM alq!ledwoo „8/9 Z x azislafel h v4" label size 1 x 2 5/8" compatible with Avery®5160/8160' Etiquette de format 25 mm x 67 mm compatible avec Aver 516b/8160 ,MEMORANDUM TO: Eric Ceja, Assistant Planner FROM: Anthony Moreno, Code Compliance Supervisor CC: Les Johnson, Planning Director Deby;Conrad, Community Safety Manager DATE: June 29, 2007 SUBJECT: "52-333 Avenida Martinez, Proposed revocation•of Minor Use Permit r05-692 An inspection of the property -revealed these conditions depicted in the enclosed photographs. An open excavation in violation of LQMC 11.72.030 (G) that poses an attractive nuisance to minor children;.2) A fire hazard and unsightly condition in violation , of LQMC 11.72.030 (T-8); 3) A condition where a.permit is required to construct the . proposed dwelling where plans were submitted for plan check and were never resubmitted after corrections in violation of LQMC 8.01.060; 4) a location where negative impacts to'the neighborhood exist in violation of LQMC 9.210.020(A) inviolation of their . Minor Use Permit for a temporary construction fence. • The fence has existed where it is no longer maintained, is no longer temporary and there has not been good faith exhibited by the property owner. The property owner has failed to obtain approved plans, a permit and has not startedthe construction of a dwelling nor has he maintained the fence to ensure the safety of the general public. We are respectfully requesting the revocation of Minor Use Permit 05-692 based on the listed circumstances. We intend to pursue the abatement of all the conditions listed above including but not limited to,the removal of the temporary fence and the shell of the abandoned swimming pool in the interest of public safety and the greater good of the • community' y 11.72.050 Abatement of <em ;="hit >public</ein> nuisances. Page l of 1 La Quinta Municipal Code Up Previous Next Main Title 11 PEACE, MORALS AND SAFETY Chapter 11.72 PUBLIC NUISANCES l remove highlighting l 11.72.050 Abatement of public nuisances. Search Print No Frames A. Dangerous Buildings.. The Uniform Code for the Abatement of Dangerous Buildings shall apply and preempt the provisions of this chapter whenever the public nuisance to be abated constitutes a dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings. B. Notice of Public Nuisance. Upon determination that a public nuisance exists a notice shall be issued to the property owner. The notice shall read"Notice of Public Nuisance," in letters not less than one inch in height. The notice shall direct abatement of the nuisance, identify the nuisance by referring to this chapter, and contain a general description of the property sufficient to identify the location of the public nuisance. C. Service. The notice of public nuisance may be served by one of the following methods: 1. Personal service; or • 2. Certified mail; or 3. Posting the notice at a conspicuous place on the premises where the nuisance is located or at the abutting public right-of-wayin addition to personal service or notice by certified mail. D. Time to Abate. Public nuisances shall be abated by the property owner no more than twenty-one days • from the date of personal service or mailing the notice of public nuisance. If a public nuisance constitutes an immediate fire hazard, within five days of personal service or mailing the notice of public nuisance. E. Summary Abatement. Whenever a public nuisance exists which constitutes an emergency present- ing imminent danger to life or serious injury to persons or property, an authorized representative of the city may order without notice or judicial action the immediate abatement of the public nuisance. • F.. Appeal Procedure. Within ten days from the date of personal service or mailing the notice of public nuisance the property owner may appeal the determination that a public nuisance exists to the planning commission. The appeal shall be in writing and filed with the city clerk. At a regular meeting not more than thirty days thereafter the planning commission shall proceed to hear and pass upon the appeal. The planning commission's decision may be appealed within ten days of the decision by written request to the city clerk. The city council shall hear the appeal at a regular meeting not more than thirty days from the date of request. G. Failure to Abate. If a public nuisance is not voluntarily abated after notification the following shall apply: 1. Prosecution. Failure to abate shall constitute an infraction pursuant to Section 1.01.200 of this code which provides for prosecution as misdemeanor upon committing three infractions. 2. City to Abate. The city may cause the public nuisance to' be abated. The manner of abatement and costs incurred by the city to abate the public nuisance shall be reported to the city council by the community safety director immediately following abatement. 3. Judicial Action. The city'may commence a civil action in a court of competent jurisdiction to cause abatement of the public nuisance. Reasonable attoiney's fees and costs may be collected by the city in any action to abate a public nuisance. (Ord. 160 § 1 (part), 1989) http://www.gcode.us/codes/laquinta/view.php?topic=11-11_72-11_72_050&highlightWord... 1/4/2008 October 21, 2005 Ms. Patricia A. Rossworn 78-174 Calico Glen Dr. Bermuda Dunes, CA 92203 SUBJECT: MINOR USE PERMIT 05-692 TEMPORARY CONSTRUCTION FENCE Dear Ms. Rossworn: The City of La Quinta Community Development Department has reviewed your request for installation of -a temporary construction fence at 52-333 Avenida Martinez. Our Department has approved your request subject to the following conditions: 1. The applicant agrees to indemnify, defend and hold harmless the City' of La Quinta in the event of any legal claim or litigation, arising out of the City's approval of this project."The City of La Quinta shall have the right to select its defense counsel in its sole discretion. If a building permit is required, contact the Building and Safety Department at (760) 777-7012 for permit requirements. 3. The maximum fence height shall be six feet. The City may elect to add Conditions to this application request to mitigate any problems that may arise and not previously addressed herein. i Should you have questions, please contact me' at 760-777-7067 or via e-mail at jwuu@la-quinta.org. Very truly yours, JAY WUU Assistant Planner r✓Iw }fir.;' . V) , w 44.,G4 q ri%1 3.41. c: Building & Safety Department Code Compliance