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HomeMy WebLinkAbout01-03-1990 COUNCIL AGENDA STAFF REPORTSSARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: r �' '' "` �. AGENDA ITEM CITY MGR. APPROVAL ORIGINATING DEPT: Community Services Department SUBJECT: Declaration of Existence of Nuisance Conditions at 12501 De Sanka Avenue, Saratoga, California Recommended Action: Conduct a public hearing and adopt resolution declaring public nuisance at 12501 De Sanka Avenue, Saratoga. Report Summary: Mr. Winston Chew has a history of accumulating large amounts of trash and debris on his property located at 12501 De Sanka Avenue, Saratoga, California. These conditions have repeatedly occurred since 1980, and Mr. Chew has been convicted of criminal charges pertaining to these conditions on several occasions, most recently on 9/25/89. In spite of the criminal convictions and repeated requests by staff to clean up the property, Mr. Chew continues to collect trash and debris. The adoption of this resolution will be the initial step in having the City clean up the trash and debris and assess the costs for such work against the property as an assessment pursuant to City Code Article 3 -15. The proposed resolution will constitute a finding and declaration by the Council that a public nuisance exists upon the property. Notice of this declaration is given to the property owner (by mail, posting and publication) , who may object to the proposed abatement at a hearing scheduled for this purpose on February 7, 1990. Following the conduct of this hearing, the Council may then order the abatement work to be performed. Upon completion of the abatement, a report of costs will be furnished for confirmation by the Council and assessment against the property as a lien. Fiscal Impacts: None. City costs incurred in cleaning up the property will be reimbursed as a special assessment on the property taxes for the site. Attachments: Proposed resolution; Staff report dated 10/29/89. Motion and Vote: 1/3: Adopted resolution 5 -0. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING A PUBLIC NUISANCE TO EXIST UPON THE PROPERTY LOCATED AT 12501 DE SANKA AVENUE WHEREAS, garbage currently is being produced, kept, deposited, placed or accumulated for a period in excess of one (1) week upon that certain parcel of real property commonly known as 12501 De Danka Avenue, Saratoga, California; and WHEREAS, Section 7- 05.050 of the Saratoga City Code requires that all garbage produced, kept, deposited, placed or accumulated upon any premises in the City shall be disposed of at least once a week, in accordance with the provisions of Article 7 -05 of the City Code; and WHEREAS, Section 7- 05.320(d) of the Saratoga City Code provides that a violation of Section 7- 05.050 shall constitute a public nuisance; and WHEREAS, Section 3- 15.020 of the Saratoga City Code states that whenever the City Council has declared by resolution or ordinance that a nuisance exists upon a parcel of land, the City Council may utilize the provisions of Article 3- 15 of the City Code to abate such nuisance and to make the costs of such abatement a special assessment against the parcel upon which the nuisance exists, NOW, THEREFORE, be it resolved as follows: 1. The garbage which has been produced, kept, deposited, placed or accumulated upon that parcel of real property commonly known as 12501 De Sanka Avenue, Saratoga, California, is hereby declared to constitute a public nuisance upon that parcel of land. 2. The City Manager is authorized and directed to utilize the provisions of Article 3 -15 of the City Code to effect the abatement of said nuisance and to make the costs of such abatement a special assessment against the property commonly known as 12501 De Sanka Avenue, Saratoga, California. 3. The owner of said property may present objections to the proposed abatement at the regular meeting of the City Council to be held on Wednesday, February 7, 1990, at 7:30 p.m., at which time such objections will be heard and given due consideration. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 3rd day of January, 1990, by the following vote: AYES: NOES: ABSENT: Mayor Attest: City Clerk 0��U'f Qq 13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: Mr. Steven Baird and Mr. Hal Toppel: DATE: October 29, 1989 Saratoga City Attorney Staff Personnel FROM: Michael Nottoli, Community Services Officer, City of Saratoga SUBJECT: Proposal For Nuisance Abatement Procedure to Correct A Storage of Garbage Problem on the Property Owned By Winston Franklin Chew At 12501 De Sanka Avenue in Saratoga --------------------------------------------------------------------------- - - - - -- Article 3 -15 of the Saratoga Municipal Code authorizes the Saratoga City Council to declare, by resolution or ordinance,that a nuisance exists on parcel of land. Article 3 -15 further states that the City Council may utilize the provisions of this Article to effect the abatement of such nuisance and to make the costs of such abatement a special assessment against the parcel upon which such nuisance exists. During the past several months, I have been working with the property owner at 12501 De Sanka in an attempt to have him remove a large amount of garbage from his property. Although some progress had initially been made, the unlawful situation still continues to exist. I am therefore asking for the City Council's assistance in helping to abate this nuisance. The property owner, Mr. Chew, recently pled guilty to two different counts of storing garbage upon his property. He was ordered to pay a fine of $138.00 as a sentence. Despite my requests on both reports that Mr. Chew be placed on probation and be ordered to clean up the property as a condition of his probation, the monetary fine was the only sentence imposed on Mr. Chew by the Los Gatos Municipal Court. Therefore, the violator has not been ordered by a Judge to clean up his property. Mr. Argow, the Community Service Director, recommends that the Saratoga City Council be asked to utilize its abatement procedure to rectify the problem. On the attached pages, I have included copies of documents which present my involvement and investigation in this matter as well as documents in a prior case history file. I have found evidence in this history file that indicates that there have been similar problems at this address since 1980. Please review the attached documents and prepare a formalized request to the Saratoga City Council for their initiation of the nuisance resolution and abatement procedure. I have been asked to present this matter to the City Council at the earliest date possible. Thank you very much for your assistance in this matter. CURRENT HISTORY DATA - 1989 1/31/89: Complaint to City Hall from a citizen stating that there is garbage piled up 6' to 8' high in the backyard attracting.rats and rodents, and also creating a fire and health hazard. 2/24/89: Complaint to City Hall from a citizen stating that there are unregistered vehicles and accumulated trash in the front yard which is overflowing into the street. 4/3/89: Complaint to City Hall from a citizen stating that there is a tractor, 6 vehicles, a Cushman cart, a washing machine, 20 trash cans, wood pallets, metal buckets, etc. being stored in the front yard. Also said there are rats at the.residence. 5/1/89: Complaints from three different citizens who called City Hall to report that there are appliances, paint, dog feces, wood, etc. being stored in the front yard. Also states that the backyard is wall -to -wall garbage. 5/5/89: Officer Roldan and I inspected the residence and found a large amount of garbage in the front yard. In looking over the fence, we saw that the entire rear yard of the residence was filled with garbage. See the actual crime report for a detailed analysis of the contents (Case 89 -08 -102). 5/16/89: I called in Inspector Dennis Moore of the Central Fire District to inspect the residence. He advised that the area near the garage water heater would need to be cleaned out. Also indicated that the large amount of dried brush and wood could be a problem if there were combustible materials stored therein. 5/16/89 - 5/19/89: I had several discussions with Mr. Chew concerning this problem. He stated that he would make an effort to clean the residence up. 5/22/89: Complaint to City Hall from a citizen advising that the house was causing the value of the property in the neighborhood to drop. 5/24/89: I called in Inspector Tim Mulligan from the Santa Clara County Vector Control to inspect the house. He advised that there was direct evidence of rat activity and harborage. He showed me rat droppings in several areas of the backyard. 5/24/89: Talked to Mr. Chew and delivered a letter to his residence stating that he would have 60 days to clean up the problem. He said that he would get it done by the July 31, 1989 deadline. 5/31/89: Inspected residence; 2 dumpsters filled; no visible change to yard. 6/8/89: Inspected residence; Corner in the northeast part of the yard had been partially cleared of some wood. No evidence of any other cleaning. 6/11/89: Wooden basketball structure taken down from the driveway in the front yard. The front yard condition had improved. 7/11/89: Another dumpster in the front yard was partially filled. No visible change in the condition of the rear yard. 7/26/89: Backyard looks worse. More junk brought in near the rear gate from a moving van. Almost unable to walk into the rear yard. 7/31/89: Clean -up deadline. 8/1/89: Inspected premises with the City Manager, Harry Peacock. The rear yard of the residence still contained a significant amount of garbage. Mr. Chew had called Mr. Peacock to request that he be given more time to clean up. The request was denied. 8/8/89: Responded to the residence and issued Mr. Chew a citation for storage of garbage on property for more than seven days. (Citation # 429; Saratoga Case # 89 -08 -102). Mr. Chew stated that he would work toward cleaning the yard before his court date scheduled for 9/25/89. 9/11/89: Returned to the address 34 days after the initial citation was issued to check on the clean -up status. Although some progress had been made in certain areas of the rear yard, a substantial amount of the garbage had remained untouched or simply moved around. 9/11/89: I issued Mr. Chew another citation for storage of garbage on Ns property for more than 7 days. He was given a court date of 9/25/89 (the same date as the first citation). 9/25/89: Mr. Chew pleads guilty to two counts of storage of garbage on personal property for more than seven days. He is fined $138 for the violations. No other clean -up action was ordered by the Court despite my written recommendations in my two reports. (Court Dockets A8950813 & A8950631) 10/29/89: I inspected -the residence and found that a major problem still existed in the rear yard. At least four or five large dumpsters would be needed to clean up the rear yard. There was no visible change since my last inspection on 9/11/89.. (CM_ UW (10 0&MZ_&j1AU00 (Rk 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 93070 (408) 867 -3.338 SECTION: SA. ORD. 7- 05.050 INCIDENT REPORT REPORT NUMBER 89- CAF- - / dZ TYPE OF INCIDENT CCumu a ion or gar age or more than seven days ORIGINAL - - - - SUPPLEMENT - - - TOCITYATTORNEY - - FOLLOW -UP NEEDED - - (S) = SUSPECT OR SUBJECT (V) =VICTIM ITNESS (R /P) = REPORTING PARTY NAM E Winston Franklin Chew DOB 6/3/41 HOMETELEPHONE 446 -4321 ADDRESS 12501 DeSanka Avenue, Saratoga, CA 95070 BUSINESS TELEPHONE 299 -2351 NAME. DOB HOME TELEPHONE ADDRESS BUSINESS TELEPHONE NAME DOB HOME TELEPHONE ADDRESS BUSINESS TELEPHONE NAME DOB HOME TELEPHONE ADDRESS BUSINESS TELEPHONE DAN'lDATE /TIME OCCURRE Tuesdayj8 -1 -89 %900 hours DA E /TIME REPORTED 511/89 0830 - REPORT SOURCE City Hall DATA ENTRY BY LOCATION OF OCCURRENCE: 12501 DeSanka, Saratoga, CA 95070 REPORT FORMAT: I) SUSPECT DESCRIPTION 5) STATEMENTS 2) SUSPECT STATUS 6) FOLLOW -UP 3) NARRATIVE 7) CASE.STATUS J) PHYSICAL EVIDENCE (1) SUSPECT DESCRIPTION: Winston Franklin Chew, oriental male adult, 5'9" tall, 170 pounds, black hair, brown eyes, CDL# G0619381 (2) SUSPECT STATUS: Mr. Chew (S -1) was issued -a citation ( #S89- 00429) and released after signing a written promise to appear at Los Gatos Municipal Court on 9/25/89 at 0900 AM. (3) SUMMARY NARRATIVE, On 5/1/89 at 0830 hours, three concerned citizens called City Hall to complain about the condition of the front and rear yards of the Chew residence at 12501 DeSanka. Their reports stated that there was an extremely large amount of garbage which had been stored.and accumulated on the premises for years. On 5/5/89. I responded to the residence for an initial inspection. The front yard contained a white Dod e van filled completely with boxes of papers, cardboard. " .r stretched out across the drivewav and the Yard area a small tractor and a cushman golf cart in oor condition numerous" lastic bags sealed u D in the driveway. car ba ±teri Michael J. Nottoli #200 Sunday 8/20/89 2200 hours COMMUNITY SERVICE OFFICER 1. D. DATE/TIME WRITTEN Page 2 RE, g1 - 08- - IO2 and other car parts, and many cardboard boxes full of old metal parts. The rear yard was approximately 90% filled with garbage, building materials, car parts, wood, discarded furniture, etc. There was so much garbage in the rear yard that it was extremely difficult to walk through the yard. In most areas, the garbage and other items were stacked 4 to 5 feet high. All along the north side of the yard were leaves, wood, and pine needles which had obviously been allowed to accumulate there for months or years. These items presented an extreme fire hazard. Also present in the rear yard were several open containers of discarded motor oil, at least 17 bicycles in poor condition, dozens of pieces of scrap metal 22 old vehicle tires, 21 wooden doors, a broken swing set a broken trampoline, hundreds of pieces of old wood thrown all over the yard, broken patio furniture dozens of boxes full of papers, old metal parts, broken tools old garden hoses, broken toys, etc. I took 7 photographs of the premises during this initial inspection. The entire garage was also completely filled with garbage and items. It was filled approximately 7 feet high leaving only a very small area near the entrance to walk through. There was also a large amount of debris stacked directly against the water heater in the garage. On 5/16/89, Inspector Dennis Moore of the Central Fire District responded to the residence with me to inspect the premises. He advised that the area near the water heater should be cleared and that he would advise S -1 of this request. On 5/24/89, Santa Clara County Vector Control Biologist Tim Mulligan responded to the residence to inspect the area for evidence of rodents rats etc. He advised me that there was ire visible evidence of rat activity and harborage. He showed me rat droppings in several areas. During the week of 5/16/89-through 5/19/89, Z had several conversationo with Mr Chew on the phone,regarding this problem, He advised me that his two parents had both died during the Dast ear and that he was having to store items from his parents' home on-his property, Mr. Chew told me that he was going to make a strong effOrt to get the planp: cleaned ilp- He seeking some During this time period, I also spoke with residents in the neighborhood who had seen rats. mice. squirrels. and flies innreasina nn and arnnnri +�,A Page r,,, CRT q-o ?- io 2 Chew property. I also observed two large vehicles parked on the Chew property (Ford moving van: VIN # F60DCJ10142; Dodge van: 1JO1969) which were filled with garbage and other items. These vehicles had been there for several days, and were marked back on 5/2/89 for enforcement of the 72 hour storage law. During the month of May, it was evident that Mr. Chew was bringing more garbage and other items onto his property using these vehicles. His front driveway had different piles of garbage and merchandise stacked up on a day -to -day basis. On 5/24/89, I talked to Mr. Chew by phone and delivered a letter to his residence stating that he would have 60 days to clean up the remises. He stated that he appreciated that'he was given this time period, and that he would get it done. During the next several weeks, Mr. Chew and I talked on the phone several times concerning this case. He called me when he was going out of town for a couple of days. I discussed the necessity of him renting dumpsters every week in order to make his clean -up deadline of July 31, 1989. He stated that on two occasions, he had people from his church help him with the cleaning. During the next few weeks, my observations were as follows: 5/31/891 S -1 has filled two dumpsters; no visible change in yard condition. 6/8/891 A small corner in the northeast part of the yard had been partially cleared of some wood. No other evidence of any other cleaning. 6/11/89: Wooden basketball structure taken down from front yard. 7/11/891 Another dumpster in front yard was partially filled. No visible changes in condition of rear yard. 7/26/89: Back yard looks worse. More junk brought in near gate. Almost unable to walk into rear yard. 8/1/89s Inspected premises with City Manager Harry Peacock one day after the July 31, 1989 deadline. Mr. Chew had called to request that he be given more time,to clean up. The request was denied. On 8 -8 -89, I responded to the Chew residence and issued Mr. Chew a citation for accumulation of garbage. Although some of the wood and debris had been removed from the premises, a vast amount of the yard was still filled with garbage. Stacks and stacks of unusable wood, 22 old piles tirps, 17 bicycle-, anti assnrted parts. f cardboard boxes filled with papers, metal parts, broken items, etc., still remained, along with areas where papers, plastics, metals, and broken toys and furniture were all Page I REPORT Igi-C& - /02 thrown together. The garage was also still full of debris. I took 3 photos of the premises during the 8/8/89 inspection and citation issuance. (4) PHYSICAL EVIDENCE;: The followings items and documents are attached as physical evidence: a. 7 photographs taken of the rear yard on 5/5/89 b. 2 photographs taken of the front yard on 5/16/89 c. 3 photographb taken of the rear yard on 8/8/89. d. One letter which was hand - delivered to the Chew residence on 7/24/89 covering the advisement of the violation and the due date for clean -up. e. One letter sent to Inspector Moore on 7/17/89 to advise him that progress on the clean -up project has not been adequate. f. One letter sent to Inspector Mulligan to advise him that progress on the clean -up project has not been adequate. g. Citation issued to Mr. Chew on 8/8/89 (cite # S89- 00429) h. Copies of prior cases and reports concerning Mr. Chew's prior violations. (5) STATEMENTS: During the duration of my involvement in this case, I received complaints from seven (7) different persons who were concerned about the problem at 12501 DeSanka. Several of these seven people called multiple times to express their anger and concern about the condition of the residence and the effect it had on the entire neighborhood. It is the policy of the Community Service Department not to reveal the sources of the complaints. (6) CASE STATUS RECOMMENDATIONS: Mr. Chew has been cited for violation of Saratoga Ordinance 7- 05.050, accumulation of garbage. The case has been sent to the City Attorney for prosecution. Due to the severe nature of this problem, its effect on the residents and the neighborhood, and the fact that this problem has existed for several years, I recommend that Mr. Chew be prosecuted for the aforementione violation, and that any sentencing in this case include a supervised and mandatory clean -up procedure. Mr. Chew has already shown that he will not clean up the premises unless he is ordered to do so. Although some progress has been made by Mr. Chew, there is still a large amount of material that will need to be removed from the rear yard. Legal intervention is necessary to complete the clean-up. END OF REPORT Michael J. Nottoli 8/20/89 2340 hours. Sundav May 24, 1989 O� �1 13777 FRUITVALE AVENUE . SARAT LIFO (408) 867 -3438 OR'1 "85070 Mr. Winston Chew 12501 DeSanka Avenue Saratoga, CA 95070 Dear Mr. Chew: COUNr_,tL MEb[BERS: Karen Ande�on Marthe Cleve„9� David Moyles Donald Peterson Francis Stutzman This letter formalizes my findings concerning the on- going problem at your residence. I have utilized the services of Inspector Dennis Moore of the Central Fire Department and Inspector Tim Mulligan of the Santa Clara County Vector Control District. Mr. Moore located a fire code violation in the interior portion of your garage structure concerning the water heater (5/16/89). Mr. Mulligan inspected the exterior portion of the yards and located substantial evidence of rodent activity and harborage. I have located, documented, and photographed a substantial amount of materials classified as garbage that will have to be discarded and permanently removed from the premises. Inspectors Moore, Mulligan, and I will be jointly involved in this case. Keep in mind that failure to take care of this serious problem will result in prosecution from all three agencies. So far, you have demonstrated to me that you are going to make an honest effort to permanently solve this problem. You have taken away some of the material, and have promised to remove the rest. It is important that you understand the severity of the problem and recognize that I am counting on you to come through this time. I have been under a great deal of pressure from neighbors and City officials to issue citations for any and all violations-I have documented on your property. I have been patient and I am willing to give you what I feel is an adequate amount of time to resolve this situation. However, I can assure you that I.will proceed with criminal proceedings if you have not satisfactorily cleaned up your residence. You will not be given more time to complete this'task. You will be given sixty (60) days to completely clean up the residence. Your due date for this inspection will be July 31, 1989. As I stated earlier, there will be no extensions on this Teadline. I will be inspecting the residence on a weekly basis until this due date to ensure that progress is being made. Don't wait until the last minute to solve this problem. It will take some time and, motivation to accomplish this task. I will work with you along the way to make sure things are goring as scheduled. While you are cleaning up your residence, I will require that you do it in such a manner that will not create an attractive nuisance for your neighbors. You will not be permitted to leave things in your front yard where they are visible to the neighborhood. In other words, don't pile things out in the front yard and leave them sitting there. You must clean up what you pull out the same day. This should not be hard to manage with as long as you remember not to take out more than you can handle each day..-. I have attached a copy of the ordinance which defines garbage. As you can see, it includes wood, papers, liquids (car oil), plant matter (leaves and pine needles), glass, metallic substances, discarded building materials, etc. You will therefore need to remove all such materials from your premises. I will be working closely with you each week to monitor your progress. Please make an effort to take care of this problem. this time You will feel much better once the burden has been completely removed. You, your family, your neighbors, and the city will benefit from your efforts. Don't let me down. : Thank you for your anticipated cooperation in handling this matter. Very truly yours,. Michael J. Nottoli community Service officer Attachment: garbage ordinance cc. Todd Argow, Community Service Director Health and Sanitation 57- 05.020 (a) Commercial premises means all premises except residential premises. (b) Delinquent means a failure of the recipient of garbage collection service, or of the owner, to pay when due all charges owed to the garbage collector for garbage collection service rendered or to be rendered or made available. (c) Director means the Community Services Director and his duly authorized agents and representatives. (d) Dwelling means a residence, flat, duplex, apartment, townhouse, condominium or other facility used for housing one or more persons. (e) Garbage means all kinds and classes of decomposable and nondecomposable solid, semi -solid and liquid waste material, including, but not restricted to, animal or vegetable matter, paper, cardboard, grass cuttings, tree or shrub trimmings, wood, glass, mineral or metallic substances, rock, demolished or discarded building materials and commercial or industrial waste products, but not including domestic sewage or hazardous wastes. (f) Garbage Collector means any person who is authorized by the franchise agreement existing between him and the City, in accordance with Section 7 -05.110, to collect, receive, carry, transport, and dispose of any garbage produced, kept or accumulated within the City. (g) Garbage collection service means the collection, transportation and disposal of garbage by an authorized garbage collector. (h) Hazardous wastes means any and all toxic, radioactive, biologically infectious, explosive or flammable waste materials, including any material defined in Chapter 8 of this Code for which a hazardous materials storage permit is required. (i) Multiple -unit d*elling means any premises, excluding a hotel, motel, or lodginghouse, used for residential purposes containing more than one dwelling unit, irrespective of whether the residency is transient, temporary or permanent. (j) Occupancy, occupied. A premises is "occupied" when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes of determining whether a premises is occupied during periods when garbage collection service is made available to such premises, occupancy shall be presumed unless evidence is presented that gas, electric, telephone and water utility services were not being provided to the premises during such periods. (k) Owner, means the holder or holders of legal title to the real property constituting the premises to which garbage collection service is provided or made available. (1) Premises means any land, building or structure, or portion thereof, within the City where any garbage is produced, kept, deposited, placed or accumulated. . (m) Residential premises means any single -unit dwelling or multiple -unit dwelling. Supp. #3, 9/86 Page 7-6 s 13777 FRUITVALE.-%L\'E.NL'E • SARATOGA. CALIFORNIA 95070 (408) 867.3438 COUNCIL MEMBERS: Karen Anderson Martha Clevenger David Moyles Donald Peterson Francis Stutzman July 17, 1989 Inspector Dennis Moore Central Fire District 3071 Driftwood Drive San Jose, CA 95128 Dear Inspector Moore: On 7/11/89, I again looked at the property at 12501 DeSanka Avenue which belongs to Winston Chew. Although he has brought in four dumpsters during the past month, the problem has not gotten much better. Although the front yard looks a bit better, the rear yard and garage are still filled with debris. It looks as if he will not be making his July 31, 1989 deadline. If he does not, I will be issuing a citation for accumulation and storage of garbage on the property. Please feel free to call me if you have further questions. Very truly yours, Michael J. Nottoli Community Services Officer Attachment: letter to Mr. Chew — _1:..r 13777 FRUITVALE AVENUE • SARATOGA. CALIFOR\ I.i 95070 � (408) 8G7 � .3438 '' COUNCIL MEMBERS: Karen Anderson Martha Clevenger David Voyles Donaid Peterson Franc:s St�itzman July 17,'1989 Inspector Tim Mulligan Santa Clara County Vector Control 976 Lenzen Avenue San Jose, CA 95126 Dear Inspector Mulligan: On 7/11/89, I again inspected the property at 12501 De Sanka Avenue which belongs to Winston Chew. Although he has brought in, four dumpsters during the past month, the problem has not gotten much better. Although the front yard looks a bit better, the rear yard and garage are still filled with debris. It looks as if he will not be making his July 31, 1989 deadline for clean -up. If he does not, I will be issuing him a citation for storage and accumulation of garbage on the property. Please feel free to call me if you have further questions. Thank you. Very truly yours, ft, �4� /. Michael J. Nottoli Community Services Officer Attachments: letter to Winston Chew T. 117.ccu" ZIA' -7t COUNTY OF SANTA CLARA. STATE OF CALIFORNIA Ic CTY -. ATOGA OF SA R 'TOAPPEAR-PIA"M NOTICE 70 42 lq OATM-Wo-YR 48g TIME oll .0. OAT OF W =coq CASK N NAME (FIRST, MIOOIz r? AWL N '-Ciff W DORESS )kv e, 4- CITY T :ZIP _rA ORjlVKRS Li amsit No. STATE Cor CLASS 1 BIRTHOATS . -3 'R lam WEIGHT 70 STATE YKAR LIC. No. IYEAR OF VCH. I FAAMIR I T. 117.ccu" ZIA' i . i p Mg ` 'I { RF � I• Wit/ •,e ;; I l�' i• .Y A ti •�• l ?'iRE 'gS�'L � 3';a•. •' •F^ % sr. -.p•C r.. F: - rfr - i i . i p j ` 'I { RF � I• Wit/ •,e ;; l�' i• .Y A ti •�• l ?'iRE 'gS�'L � 3';a•. •' •F^ F: - rfr - j ` 'I { RF � l�' i• .Y A ti •�• l ?'iRE 'gS�'L � 3';a•. •' •F^ `: -;�, 3;�. e - _ ' . y. -� ., . �, _ _ .T . . F it !ioo PIT77 1 Ar T r l` �tQE. $VIP _ - y Q'q 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 9070 (408) 367 -3438 SECTION: Sa.Ord . 7- 50.050 INCIDENT REPORT REPORT NUMBER &Q -0?- ObS TYPE OF INCIDENT Accumulation of garbage for more than seven 7 days ORIGINAL - - - - SUPPLEMENT — — — XX TOCITYATTORNEY — — FOLLOW -UP NEEDED — — XX (S) = SUSPECT OR SUBJECT (V) = VICTIM (W) = WITNESS (R /P) = REPORTING PARTY NAME Winston Franklin Chew DOB 6/3/41 HOME TELEPHONE 446 -4321 ADDRESS 12501 De Sanka, Saratoga, CA 95070 BUSINESS TELEPHONE 299 -2351 NAME DOB HOME TELEPHONE ADDRESS BUSINESS TELEPHONE NAME DOB HOMETELEPHONE ADDRESS BUSINESS TELEPHONE NAME DOB HOME TELEPHONE .ADDRESS BUSINESS TELEPHONE DAY/ DATE /TIME OCCURRED _ DATE; TIME REPORTED On -View REPORT SOURCE On -view I DATA ENTRY BY LOCATION OF OCCURRENCE: 12501 De Sanka , Saratoga ,CA CA 95070 REPORT FORMAT: I) SUSPECT DESCRIPTION 5) STATEMENTS 2) SUSPECT STATUS 6) FOLLOW -UP 3) NARRATIVE 7) CASE STATUS a) PHYSICAL EVIDENCE 1 SUSPECT DESCRIPTION: Winston Franklin Chew, oriental male, 519" tall, 170 pounds, black hair, brown eyes, CDL# G0619381. 2 SUSPECT STATUS: Mr. Chew S -1 was issued a citation S89 -00433 at the scene aod..was released after signing a written Dromise to,appear at Los Gatos Municipal Court on 9- 25 -89. (3) SUMMARY NARRATIVE: On 8/8/89 at 0715 hours, I issued S -1 a citation for accumulation of garbage for more than seven 7 days. S -1 had failed to remove a large amount of garbage from his rear yard after being given sixty 60 days to clean the area. Refer to case number 81-08-JO-Z for the details of this case. Mr. Chew stated that he would work toward cleaning up t,he rear yard before his September 25, 1989 court date at Los Gatos Municipal Court. On 9 -11 -89 at 0715 hours, I returned to re-inspect Mr. Chew's property to ascertain whether any progress had been made in the clean up project. This inspection was made 34 days after the initial citation. The following is a report of what I observed: Michael -_ Nottnli #200 9/17/89 0835 hours COMMUNITY SERVICE OFFICER 1. D. DATE /TIME WRITTEN Page 2 leading from the west side pate 2. Mr. Chew had cleared a small the rear yard. the north part of the rear thway leading from the eas `_ FORT $q -Oq- 065 .s. Mr. Chew had cleared a path -along the north fence which he now uses for an archer range area. 4. Mr. Chew has constructed several wooden storage bins for to keep and rotect from outside weather elements. 5. Mr. Chew has not removed any of the garbage from underne� n items that he wis th the covered area in his rear yard. Large amounts of damaged items, wood, metal, clothi have been stored in this area since I began ins e, ig, the ro ert . R so-hi h and is so plentiful that the rear sliding door exit to the rest completely blocked and unusable See attached photographs [Photo I tZ 6. Mr. Chew has not removed any of the garbage which has been stored al fence area from the front gate all the way to the back fence. Larne am io papers, etc. s the west .unts of dama cu metal products, bicycles, wood, vehicle tires, papers stored in cardboard boxes, rubber hoses, etc., have been stored in this area since I began inspecting the property. See attached photos. [Plhvtos 3,4,5A3 7. Mr. Chew has not removed a large amount of garbage located in the center portion of the rear yard. Furniture, old clothing, papers, metal products, etc have been accumulated in this area which is located just north of the covered patio area. See attached photos. [moo 4 8. Mr. Chew has several containers of old motor oil stored east fence area that he has not removed. See attached hot 9. Mr. Chew has made an effort to fill and empty 12 metal a in the rear yard near the Ds . Phof-c 13 irbage cans full of 10. A large amount of garbage is still located along the east fence See photos I �, (4) PHYSICAL EVIDENCE. I took 9 photographs on Monday 9/18/89 which have been labeled according to the location in the yard of where the garbage has been stored. (5) ACTION TAKEN AND RFrnmmPmneTTnKic. T - yard, I would estimate that at least four or five large dumpsters are still needed. I recommend that Mr. Chew be prosecuted for the accumulation of garbage violation. As a condition of a disposition of the case, I would recommend that Mr. Chew be placed on a supervised probation program to ensure that the premises are adequately cleaned up End of Report Michael Nottoli CSO 9 -17 -89 iI t �I COUNTY OF SANTA CLARA. STATE OF CALIFORNIA CITY OF SARATOGA NOTICE TO APPEAR 7q� s �� 0 0 4 3 3 OAT - M -O•Y R TIME I rn D/�Y_OF w CASK NO. `MJ NAM (FI MI OL CUE ADDR[ Sot e.H CITY BT Yl DRIVER ICE t STA [ [[ SIRTMDA E b -3 Sax [Y[[ M MT w IaM� V[MICLt STATE TZAR LIC. NO. YEAR OF VtM. MAKE BODY STYLE COLOR REGISTERED OWNER OR LESSEE ❑ SAME AS ABOVE ADDRESS OF OWNER OR LESSEE ❑ SAM[ AS ABOVE CHH[D ARC C1T90 IN AC=RCANM Wm+ ❑ pplusG RtOUSI® sRas�io�B c sm PHIVERM j CODE SECTION DESCRIPTION ❑ ,ems I ❑ r � p OFFENS[(S) NOT COMMITTED IN MY PR[StNCE CERTIFIED ❑ ON INFORMATION AND BELIEF LOCAIJO OF VI TI+ONN(S) Mo ccmnzci HDH[CHrrsD oN T�1V"DATS SHOWN ABOVE AT CA. E ID NO COD[ CSa &O�K ISSUING OFFICER NAME OF ARRtSTQ16 CFVTCZIFL IF DIFFERENT FROM ABOVE WITHOUT ADMI ILT PROMISE T APPEAR M[ AND'LAC INDIC T" FLOW: z1al[ ATU Rt AY POST BAIL /7610EIT ❑YES W NO MANDATORY APPEARANCE M YES ❑ NO BEFORE A JUDGE OR CLERK OF THE MUNICIPAL COURT OF LOS GATOS. OA y TI �MtK oA>t �w �. orA+vw i ���� ❑ ►n+ (.ow Cowes, %= ONL V I sa RIwm ss now u.7wucrx" 101.H .H.H1ovm r 7f W AJOIML aoWa� a� a C� Vow eowwT um owe.) RIV 7.146 K 40600 PC I� s t I i Ol C .��������- Q�` -��r G,r6YA (�- O o ( -,p q1- l MI Z . < � bi CJ o ­ �__ CF-< -Ds ore— CAo)rl- OYPG, V� �15-0� ✓rtn�fi�� SO 70 ( 9 N PRIOR CASE HISTORY (1980 -1988) The following is a brief summary of previous contacts and involvement with the 12501 DeSanka Avenue address. This information was located in a case history file. Copies of the actual documents are included and attached. 7/16/80: Letter to Mr. Chew from Saratoga Code Enforcement Officer, Thomas Upson advising of an excessive amount of debris, trash, and an inoperative vehicle in the front yard. He was given until 8/5/80 to clean it up. 11/14/80: Letter to Mr. Chew from Thomas Upton telling him to remove the debris or screen it from view before 1/6/81. 3/10/81: Memo to the City Attorney from Thomas Upton requesting the City Attorney to write Mr. Chew a letter to tell him to clean the premises. 8/14/81: Mr. Chew was cited for: a. Two counts of inoperative vehicles b. Seven counts of storage of debris and trash 8/17/81: Letter from Thomas Upton to the Los Gatos Municipal Court requesting the court's assistance in imposing the maximum sentence against Mr. Chew if the issue should go to court. This was based upon Mr. Chew's previous lack of response to the problem. 8/19/81: Letter to Mr. Chew from Thomas Upton advising him of the court date on 9/10/81 and a bail of $317.00. 9/10/81: Mr. Chew pled guilty and was placed on probation on the condition that the offending conditions be corrected. The condition of the property was to be corrected by 10/10/81. The matter was then continued to 1/14/82 for further hearing on conditions of probation. 1/14/82: Hearing continued one week. 1/21/82: Mr. Chew's property still in violation; $225 fine imposed (56 hours of voluntary action granted in lieu of the fine at the defendant's request) plus probation modified to permit remaining violation conditions to be brought up to code by 2/25/82, prior to any further fine being imposed. 2/25/82: Hearing continued one week; fine of $225 reinstated at the defendant's request. Fine to be paid by 4/5/82. 3/4/82: Defendant provided proof that all code violations were corrected. The court ordered that the conditions of the probation were satisfied and suspended any further fine. Defendant permitted until 5/5/82 to pay the $225 fine. 1/24/83: Letter to Mr. Chew from City of Saratoga Inspector Richard Harison advisng him of illegal storage of materials within the setbacks. Requests that he clean area by 2/21/83. 2/7/83: Inspector Hegg verified that the property had been cleaned up. 5/21/84: Citizen complaint to City Hall advising of debris, refuse, combustible material, rats, etc., causing a health and fire hazard. 6/2/84: Inspected by CSO Sarkisian; rear yard is a mess; van in driveway leaking oil and full of trash. 8/6/84: Letter from City Attorney to Saratoga CSO Betty Snowden advising her to initiate a new multi - criminal complaint against Mr. Chew. 5/31/85: Citizen called City Hall to complain about the residence. condition of the 6/19/85: CSO Rebecca Roldan observed large amount of trash in front yard; no one home. 7/12/85: CSO Roldan observed large amount of trash in front yard; no one home. 10/24/85: More citizen complaints received by City Hall. 10/24/85: CSO Roldan observed garbage, wood, and an unregistered vehicle in the front yard. Backyard was a mess. 10/25/85: CSO Roldan contacted Mr. Chew and advised him to clean up the property by 10/28/85. 10/28/85: Improvement made in the front yard, but construction materials still stored in front yard. 10/29/85: Letter to Mr. Chew from CSO Roldan advising him of several conditions that must be met. 12/19/86: CSO Roldan observes and marks 4 abandoned vehicles in the front yard. Stacks of wood and a dismantled vehicle were also observed in the front yard. 1/5/87: CSO Roldan cited 3 vehicles for being stored in the front yard. 2/26/87: CSO Roldan observes a van and trailer stored illegally in the front yard. 4/17/87: Criminal complaint is filed against Mr. Chew for storage of two vehicles on personal property. 4/29/87: Letter sent to Mr. Chew by the City Attorney advising him of the complaint which was filed against him. ,• 4- Illiz 74 RUITVALE VENUE SARATOGA - CALIFORNIA 950 re w r r O 7 -3488 " ��,;� �w ri K �JU y Ic, 1980 ir. Wi ns Lon Chew 1250;1 :e Sanka Avenue Saratoga, Ca. 95073 RI: 'Debris and Trash at I_15x, � Sanka Avenue Dear Ar. Chew: This letter is tc inform 'fne that -:;e City has again been cnr,- tacted concerning the excessive a:��eun. of debris, trash anc an �. inoperative vehicle being kept in the front _yard 3nu in `t% ,3 ' ..near,. ,, rr general publics view at subject property As you know, frorr�a previous ous letter, the C : t; Zonti i ng Drci nattic , section 3'44-'(11- ; 5 c prohiJit.C. x.115 Therefore, 'this letter .is orficial notifyca ion hat atl e e (trash and the inoperative vehicle rust be c mpleteiy '` ven Q . ..' subject property -A inspec� ion wi4l be, made on August 5, 980° N to ascertain whether there has been cemp Lance fitt ,fails # der Your cooperation in z S, mater w11 1 6e `apprec a, _ed ` x f: ou :' ave any questions, please call me at 867 3438, -Ext 1.8. r ..Sincere y A i Thomas M Upson�X� r, Code Enrorcement fficer r f r AVENUE • SARATOGA CALIFORNIA 95070 November 14, 1980 - -_ Jr.' Wi ns ton Diiew 12:;01 De Sanka Avenue aratoaa. Ca. 9: Q7C RE: Trash and 3ebris at 124011 ule 3ank3 Avenue*'---*-_._ F gar Mr. Chew: � -.. . - : • � • . _ .. _ This letter is to confirm our :r-, ver_atior, Sy teleFhone oia NovES:�uer 1_60, regarding the storage ;r jebris and :r=s;i in the front yard and ;eneral publics -view. • As you 'snow t. ",e Li =_yJLode °=Sectior, ? 1 (' �"5; prohibits this. -_ r ii erefore, as asreed, this letter is official notification that all tie d °br > >, trastr; Anoperativo' vehicles iiust"be- removed from subjectpra6eriy or screened from t�elgertera1 public's view -If you _plan ao `store all ycur` :niscallaneous items, they must be behind a permanent six foot high .fence An inspection will be made on Januar7 5, 1g8i XYV_ _71o, � �' W � t rz D R C;7.5 ec3K� 4Y ,Attorney m: ...Code Enforcement Office BJEC:.,.,. -.Debris/Trash at Winston Chew Property ao, 12501 De Sanka Avenue, Saratoga DATE: March 10, 1981., Attached are copies of the two letters sent to Mr. Chew and pictures -showing the condition of -his property. The City has received complaints .-concerning it being 'an eyesore . and detriment to the neighborhood. Chew" has made some n ' Mr.­ ef'ort to clean u p the property, never with any` _ —laiting success. J h n with him and t ave gone as far as I ca though a .. stro - ng legal letter from you wo uld help.'- AIN, ve--any ques Please contact .me if you have ti ont. 7 .7 his Thomas M. Upson .1 15641 3*',t..e`V_t" A .0 VIC* 5 tit "a ...... je. ",2,j tc. C7 J.- cC W. WIR [ ):``Los Gatos - Saratoga Municipal Court August 17, 1981 FROnn: City of Saratoga wSUBJECT: Winston Chew /Violation of Saratoga City Code, Section 3.14(1&6) _ -- -Issue Sucmar�_ { ---------------------------------- ----------------------- This violation of the Saratoga City Code, Section 3.14 (1 & 6) has been in exsstance for three years. This violation involves "storing* two inoperative vehicles in the front yard/ general publics view "also the keeping/ storing of trash and debris in the front yard area. The p urpose of prohibiting this a� `activity is to maintain the residential atmosphere of the area. ' The Ci ty `of Saratoga' has tried to' work with aMr Chew towards `correcting these Y _ violations or av'number °of years: Mr. Mould - make'' token effort towards correction and then allow "the violations to, reoccur The City ,has received numerous complaints from surrounding neighbors demanding 'that action be taken finally to finrect this violation On Au gust 14,E A x g 1981 the City issued a •_notice to appear° to Mr Winston Cher �{ for two counts of.:vioiations of .the Zoning Ordinance; "Section 3.14 „ -(1) inoperative vehicles °an d seven `counts' 'of 3.14 (6) 'debris and trash. Each count carries a bail of $25.00 plus $9.00 P. 4 A 'for a`total of $34.00 per count.,,'Total.bail for citation is $306.00. :s• '.: , .,+�_.J. � ,: � £ f�� 1 -_ - r ray - 3 , Recoamendati on YU If this matter goes before the court, "it is the City of,Saratoga's recommendation that full ha be "imposed and direct Mr. Chew to correct alllcited violations. This ;recori ndation'i -s based on the long period of time the City has tried to correct is problem and the lack of response from Mr. Chew. Thomas M. Upson Code Enforcement Officer _ City of Saratoga D Q0 yV - at 'Sanka A,,e. 'A 950 a Court 'Appea ance Case No. A 1`1347 14ar Mr. "Chew T' j S etter '1s to i P. f c m i ,cu that a :curt appeararca 4a-e has S t r " or your "not-L C I= to appe_:z r", a+* the Los-Gatc-s-Saratc9a. ADC-Sn e , TO Aa ios Gatos. �.-_The te --muni. dr-gal Court, at .14,22,35 Capri Dr' _1 Sep ten temar '10, 19GI4 -at 9:00 pa r. t �) The , .3; t 31. . 00., 7 X Rf 'D o U - ii a y el t er pa-, "n, h y the' ai a L ie m , ci pal and -ti me -.'C"Our If or you have appear s stn - court on the a 6 o,v, 4 T-en I o n e da+, -1 ifie 86 7 -34 3 8. `�;JftLAI_ i� py. qugs ti ons ,,please .� 11 a t S i n eird c n T. e L Torcemen UT T-icer L-2 S,� Fom --AR = - -^y�.w � �•_ "�'�� � a��� ;�,��� /• y9� � rya r,,. ;:.._,.,�.. Q,, •• . 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Y�'� �'l� +•.�?�+�� i ' J!• ~ ..} _ � r Y y���•' 4 Hy �.: -*. w :.i'., ltc.. .YI ]M� _ - •f•J., ± _•�' =• _ ■..+ ■1 .1�-�• II ��•• f ':.;,��' t �Y��"; ,� •, -' Rs 'rt � n ■ 1 ■ � � <, ,r-. • . • • - . �i � '` y.. r -. �1 D'S• ,�^� `k JWc q... .a ,4-� �)� k::'� - �`� .. _ ..,� v- Y_G�� Se•�Yi -s S +'S� Y1 � �•�' �3'a•...�����-''� •: �r ,'�Y -• • � • .11 �� •l�� ��R ■ 11 • ••���V� ',� r �: .., al � � •1 .BLS. � v � .: �. Jt �.yr,•a 't+:� -fir ,•: •••...•••yyy.ttt "` •'F=\4 :•?`•' �: �M1i. --l-. i _ _ _ _ '. T:.. +'s�i., , �� �. 'may `,,'?, �� vht:� ~ : .� ti,9 r . � '°• r ,� S i'i'y _.• +'- '.•i4,- •'_'^'!e�- .�+�.-*vt`k � ::ice ''P`i.i "_ _ ,-_.e: _ ,j _' i.�a, `•^�.. :__- �- e.;�Z�•�,►r yphf` r �_-�;•.�r;y Gig T le off _. s �. , *s= -•r.�c .: _ '.�._. _ mss. ,_ _„�+.'*— r��3s• _ +�•-s' . - -- - - .... r r -.... ^'�. s..`'g: , _ Mw CHAMBERS OF READ AMBLER JUDGE ?t - �,D)uyerwr &Turf uf:the tie of Cfavarnin COUNTY OF SANTA SCLARA 191 NC. FIRST STREET SAN JOSE. CALIFORNIA 95113 !408) 299 -112! September 23, 1981 - Mr. Thomas M. Upson Code Enforcement Officer City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Dear Mr. Upson: I have received your letter of September 181 1981, and have reviewed the file in Case No. 483277. The Chew matter comes on for hearing Septem- ber 25, 1981, at 8:45 a.m. in the Department of Judge Charles Gordon, who has recently assumed the duties I previously performed on the order to show cause calendar. I will place your letter in the Court file for Judge Gordon's attention. qrs truly AD AMBLER RA:mb cc: Johanna J. Chew Winston F. Chew Cam^ Mw CHAMBERS OF READ AMBLER JUDGE ?t - �,D)uyerwr &Turf uf:the tie of Cfavarnin COUNTY OF SANTA SCLARA 191 NC. FIRST STREET SAN JOSE. CALIFORNIA 95113 !408) 299 -112! September 23, 1981 - Mr. Thomas M. Upson Code Enforcement Officer City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Dear Mr. Upson: I have received your letter of September 181 1981, and have reviewed the file in Case No. 483277. The Chew matter comes on for hearing Septem- ber 25, 1981, at 8:45 a.m. in the Department of Judge Charles Gordon, who has recently assumed the duties I previously performed on the order to show cause calendar. I will place your letter in the Court file for Judge Gordon's attention. qrs truly AD AMBLER RA:mb cc: Johanna J. Chew Winston F. Chew 13777 FRUITVALE AVENUE, SARATOGA, CALIFORNIA 95070 (408) 867 -3438 THE CITY OF SARATOGA J. Wayne Dernetz City Manager -. January 19, 1982 Steve Baird Atkinson- Farsyn P. 0. Box 279 Mountain View, CA 94042 Dear Steve: This letter will confirm my conversation with Mr. Winston Chew during the week of January 11, 1982. Mr. Chew's property at 12501 DeSanka Avenue in Saratoga presently violates City ordinances con - cerning the maintenance of property in a clean and sanitary condition. ..;',.. Mr. Chew did make several attempts to contact me re- . garding the situation and was finally successful. He explained that the City's Code Enforcement Officer Thom Upson has been working with him as he was in the process of correcting the violations. Mr. Chew ex- pressed the concern that he needed additional time to complete the work, and that considerable progress had been made. I explained to Mr. Chew that the City's primary interest was in enforcing our ordinances and obtaining compliance with the least amount of hassle on both sides. At the time, I was unaware that this case had already proceeded to civil action, and Mr. Chew failed to inform me of the upcoming hearing before the Municipal Court. I asked Mr. Chew how much longer it would require him to complete the work, and he indicated a period of six months would be needed. I responded that was far 13777 FRUITVALE AVENUE, SARATOGA, CALIFORNIA 95070 (408) 867 -3438 - .. -too long, that I could see the possibility of 30 to 60 days, but that continuing progress would have to be shown. I also indicated that I would ask Mr. Upson to get in touch with him and review the progress that had been made, and provide him with a list of specific conditions that would continue needing correction. I further asked Mr. Chew to provide Mr. Upson with a specific date by which each one of the corrections MA"t would be completed. This information was relayed to Thom Upson who then visited the Chew property and reported back to me that progress has in fact been made, and also informed me the first time about the Court hearing. Had I known of the pending Court hearing,.and the long - standing nature of this case, I would not have responded in such a general fashion. It was not my intent, nor did I indicate any consent to a period as long as six months for correction of the remaining violations. In light of the history of this matter, I believe Mr. Chew had ample opportunity to correct all of the deficiencies and we do acknowledge that some progress has been made. However, continuing inspection and centact with Mr. Chew is costly in time and money to the City, and we are anxious to see the problems resolved at the earliest possible time, Sincerely Wa Dern etz ck cc. Mr. Winston Chew LMr. Thom Upson '� f r•'zN•� � .�`� '�'��i "' 7 ��� -y —�� '—��." "'tea. t •C w r► a'`� j ,:eta a y �� T Z.. '• .; :. �w a +137: ' i"/x1'4,} � ��� .:r,1 � �� a• i,'7 i i tip' 1�+'' ij ti - i' � � dLe • 'y': -tti i'!,_ ^• - _ ^'.1 , : of ' ^.. _i "• -.i.._ - - Y /C�_`�,_.. 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CALIFORNIA 95070 (408) 867 -3438 OFFICE: Community Development COUNCIL MEMBERS: Linda Callon January 24, 19 8 3 Martha Clevenger Virginia Fanelli John Mallory David Moyles Winston Chew 12461 De Sanka Saratoga, CA. 95070 Dear Mr. Chew: This is to inform you of the numerous compliants this department has received regarding the storage of excess material within the setbacks of your property. As you know Saratoga has a strict ordinance concerning the visual impact on your neighbors - this includes all the people over the years who have complained. Be advised that by February 21, 1983 your property will be brought into compliance voluntarily or this department will take action to insure adhereance to the law. If further clarification is needed please call my office. Sincerely, Richard H. Harison Senior Inspector RHH /JH /bc cc: Marsha Sarkisian SMITH L. FARASYN NPR J• SIEGAL 0 L 0 S. TOPPEL CVEN G. BAIRD ACK L. BRIDGE - ,RktGo Ry A. MANCHLIK Fy t ATHINSOx • FA ASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALII''OB.` 1& 94042 (415) 967 -69 1 August 6, 1984 Betty Snowden, Community Service Officer City of Saratoga 13777 Fruitvale Avenue Saratoga, CA Re: Winston Chew, 12501 DeSanka, Saratoga, CA Dear Betty: J. M. ATKINSON. (1892-1982) L. M. FARASYN, (1915 -1979) As per our conversation of August 1, 1984, I am enclosing herewith copies of two documents from the previous Winston Chew criminal prosecution file (Case #A81 04781). The two documents are a memo from me to the file dated March 4, 1982 and a copy of the letter from Tom Upson to Winston Chew dated September 18, 1981. Although I have no Court documents in the file confirming the final disposition of this case, it appears from my memo prepared at that time that Mr. Chew had sufficiently cleaned the property as of March, 1982 to fulfill the terms of his probation and was therefore discharged from probation. Accordingly, it would appear that the City has no basis on which to seek a rehearing of Mr. Chew's probation as an enforcement mechanism. Therefore, I would suggest that we proceed with the other option discussed on August 1, 1984, namely, an investigation of Mr. Chew's property, the preparation of an investigation report, and preparation of a multi -count criminal complaint against Mr. Chew. - As to the inspection of the property, I remind you that you may note any violations from public or adjoining private property to which you are permitted access, but you will need. Mr. Chew's permission to enter onto his property for inspection of any buildings or conditions located on his property. If he refuses a request for a voluntary inspection of his property, and you deem that it is necessary for inspectors to enter his property to properly do the inspection, then we will have to seek an inspection order pursuant to CCP Section 1822.50. Please feel free to contact me should you have any questions regarding this matter. Very truly yours, :Stu Y� -L - &�i Steven G. Baird, Deputy Saratoga City Attorney SGB:ic Enclosure ROAM' 19 DIS910200M MEMO TO: FILE FROM: STEVE March 4, 1982 Re: Saratoga; Winston Chew Prosecution 0 e- A 8 1 y S tsn6Jas C: The following is a short chronology of the criminal action against Winston Chew; September 10, 1981 - Arraignment. Defendant pled guilty and was placed on probation on the condition that the offend- ing conditions be corrected. Condition of property to be brought up to code by October 10, 1981. Matter continued to January 14, 1982 for further hearing on conditions of probation. January 14, 1982 - Hearing continued 1 we January 21, 1982 - Defendant's property still not up to .code; $225.00 fine imposed (56 hours of voluntary action granted in lieu of fine at defendant's request) plus probation modified to permit remaining violation conditions to be brought up to code by February 25, 1982, prior to any further fine being imposed. February 25, 1982- Hearing continued 1 week; fine of $225 reinstated at defendant's request. .Fine to be paid by April 5, 1982. -_ gz g* - i y+'�✓t , - "k .�.� fir„ �.y." . ..., _- _ F, 3 ,`. March 4, I982;.defendant provided proof that all code .. violations were corrected. The court ordered that the conditions of the probation were satisfied and suspended any further fine. This criminal action was thus terminated. Defendant permitted until May 5, 1982 to pay the $225 fine. 3::.. ,. ZLE AVENUE SARATOGA, CALIFORNIA 95070 September 18, 1981 Mr. Winston Chew 12501 De Sa__,&a Avenue Saratoga, Ca. 95070 RE: Court Agreement Regarding Zoning Violations at 12501 De Samoa Ave. Dear Mr. Chew: . This letter is to confirm the agreement made between you and the City of Saratoga on September 10, 1981, and is on the court record at the IQs Gatos - Saratoga Municipal Court. The agreed upon conditions are: 1. A six (6) foot fence shall be erected to totally enclose subject property no later than thirty (30) days from, date of subject agreement (October 10, 1981). 2. All items stored on_ subject property shall a. -not be in violation of City ordinances. b. all stored items shall not be in excess of height of fence (six feet). c. all inoperative vehicles shall be removed, from subject property, or made operative and registered with the Department of Motor Vehicle_ within thirty days (October 10, 1981). 3. All prohibited items in front of fence will be removed from that area and no prohibited items will be stored/kept in front of the afore- mentioned fence. 4. All fencing will be kept in good repair, at all times. 5. This matter is continued to January 14, 1982, at 2 :00 p.m. at Los Gatos - Saratoga Municiple Court for further hearing and sentencing. An inspection of subject property will be made on or immediately after October 10, 1981, to ascertain whether there has been compliance with this court agre.e-*it. Your cooperation in this matter will be appreciated. If you have my questions, please call me at 867 -3438. Sincerely, Thomas M. Upson Code Enforcement Officar N f 0 f O d j= N j n . Q4 "I z C; i�0 z i 0 z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 39 3F 3E STEVEN G. BAIRD, Esq. Deputy Saratoga City Attorney P. O. Box 279 Mountain View,`California 94042 Telephone: (415)967 -6941 Attorneys for Plaintiff (EwDGP.SED) f APR 1 1887 . J. J. SPEClIkE. C:erk- /Administrative Officer Municipal Ccurl, Sara Clara Co. Jud. Dint. By MUNICIPAL COURT OF CALIFORNIA COUNTY OF SANTA CLARA LOS GATOS FACILITY PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, VS. ) WINSTON FRANKLIN CHEW (DOB 6/3/41) ) 12501 De Sanka Avenue ) Saratoga, CA 95070 ) Defendant. ) COMPLAINT - CRIMINAL (Infractions) 515- 12.160(a)(1) Saratoga City Code (1 count) 515- 12.160(a)(2) Saratoga City Code (1 count) S15- 12.160(a)(4) Saratoga City Code (1 count) 515- 12.160(x)(5) Saratoga City Code (1 count) Ccruty The undersigned, does hereby accuse, on information and belief the above - named defendant of the crimes of infraction, as follows: of Santa Clara, Count One: That in the City of Saratoga, County State of California, on or about February 26, 1987, the above named defendant California license number stored, or caused to be stored, a Dodge Van automobile, commonly 1590341, in the front yard setback area on that parcel of real property known as 12501 De Sanka Avenue, Saratoga, California in violation of Section 15- 12.160(a)(1) of the Saratoga City Code. Count Two: That in the City of Saratoga, County of Santa Clara, .State of California, on or about February 26, 1987, the above named defendant stored, or caused to be stored, a trailer in the front yard setback area aon Saratoga, of real property commonly known as 12501 De Sanka Avenue, California in violation of Section 15- 12.160(a)(2) of the Saratoga City Code. a 0 < 0 .0 v s N J O C <O OVA z i �C 0 0 X 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 es STEVEN 0. BAIRD, Esq. Deputy Saratoga City Attorney P. 0. Boa 279 Mountain View, California 94042 Telephone: (415)967 -6941 Attorneys for Plaintiff APR 1 c 1 °$1� J. J. SPECIAM Clerk•Admin(strative o f cct Municipal Court, Santa Clara Ca Jud. MAL By MUNICIPAL COURT OF CALIFORNIA COUNTY OF SANTA CLARA LOS GATOS FACILITY PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, VS. ) WINSTON FRANKLIN CHEW (DOB 6/3/41) ) 12501 De Sanka Avenue ) Saratoga, CA 95070 Defendant. DECLARATION IN SUPPORT OF ARREST AND PRETRIAL RESTRAINT ON LIBERTY ccpuh► I, REBECCA ROLDAN, hereby declare: That I am a duly acting Community Service Officer for the City of Saratoga, and I am empowered with the authority to enforce any and all provisions of the Saratoga City Code, Saratoga Zoning Ordinance, and all Codes adopted by reference by the City of Saratoga. I have been assigned to collect and present evidence that the above named defendant committed the offenses described in the complaint filed herein. That I have personally reviewed and incorporated by reference each of the S pages of written reports and statements attached hereto which are official rec o ds prepared by me or persons known to me to be employees of other r governmental agencies as shown in said reports and statements and believe them to be true and reliable. That from the foregoing facts I am satisfied that there is probably cause for the arrest and pretrial restraint on the liberty of the above named defendant. Oguw go 0&iR&UQX5z& 1.i_,77 I- iit'[TVALF AVENUE, ('ALIFORNIA 9-507o cIM0 HH7 Al H Community Service Officer ('0U1V('1L N1ENIBERS: Winston Chew -y 12501 Desanka Ave Saratoga, CA 95dKb Dear Mr. Chew: Linda Callon Martha Clevenger Virginia Laden Fanelli Joyce Hlava David Moyles October _29, 1985 This letter is to confirm the agreement made between you and the City of Saratoga on Friday, 10/25/85 concerning your violations of Saratoga Ordinances 3.14(6) and 7 -10. The following points must be followed in order to avoid a citation and criminal charges. 1. An inspection will be made by Community Service Officers on a weekly bases, and improvement must be shown at every check. The area to be cleaned will decided on a mutal agreement between the CSO'S and yourself. Failure to follow through will result in city ordinance citation for 3.14(6) and 7 -10. 2. Community Service Officers are given permisson to enter subject pro- perty at 12501 Desanka by the owner for inspections agreed upon. This applies also when the property owner is not present, but has knowledge of the inspection. 3. All items stored on subject property shall not be in violation of city ordinaces. 4. All stored items shall not be in excess of height offence (six feet). 5. All operative vehicles must be currently registered, if not they must be registered with the Department of Motor Vehicles within 30 days. (11/30/85) 6. All prohibited items in front of fence will be removed from that area and no prohibited items will be stored /kept again: 7. All fencing will be kept in qood repair at all times. Your cooperation is highly desired by the City of Saratoga and appreciated. This is an official notification of our agreement. The CSO's will take action to insure adhereance to the law if not followed. If you have any questions please feel free to contact me at 867 -3438 X13. Sincerely, Rebecca R. Roldan Community Service Officer. J 2s. 1a7� � F= KI'I "[��'.ALl:.AV'l�:�lL • �.A IZ.A" 1��) (;.A.('.ALIF�>flVI.A��.- ��i�ti 408) 867-34'18 February 15, 1990 Winston Chew 12501 De Sanka Avenue Saratoga, CA 95070 Subject: Public Nuisance Abatement Dear Mr. Chew: COUNCIL MEMBERS: Karen Anderso,7 Martha Clevenger David Movies Donald Peterson FranciS Stutzman Certified Mail The City is seeking your permission to have its agent enter your property for the purpose of removing the accumulation of garbage, trash, and junk stored on your property which has been declared a public nuisance by the City Council and ordered abated on Febru- ary 7, 1990. Your voluntary compliance and cooperation will enable the City to avoid having to secure a court order to allow us to go on your property to abate the nuisance. Please indicate your grant of approval by signing and returning this letter to me by February 23, 1990. If the letter is not returned signed by the above date, I will have to instruct the City Attorney to proceed to secure the necessary court order. All legal costs of such action will be added to the cost of the abatement and charged to you. Your cooperation will be greatly appreciated. Sin erely, Harry . Peacock City Manager jm cc: City Council, City Attorney, Community W Er, EE, Sery ' sFB8 &8t1990 CITY OF SARATOGA j 1 I hereby grant approval for the City of Saratoga and its agents to enter my property for the purpose of abating the public nui- sance which exists on the property. Winston Chew Printed on recycled paper. ';�- �,3 --I0 Date SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO./ 7Y (F AGENDA ITEM: MEETING DATE: CITY MANAGER: ORIGINATING DEPARTMENT: MAINTENANCE \DAN TRINIDAD SUBJECT: CIVIC THEATRE BUILDING ROOF REPAIR Recommended Motion: Adopt appropriation resolution in the amount of $7,000 in order for the City Manager to approve Purchase Order to the Precision Roofing Company for the repair of the Civic Theatre Building roof. Report Summary: The 1990/91 budget has $27,000 for the replacement of the roof on the Civic Theatre Building, our roofing consultant has determined that a roof replacement is not necessary and that repairs can be made now which will add 10 -15 years service life to the existing roof. The City solicited informal bids for the City Hall and Civic Theatre roof repairs and obtained two. Precision Roofing was the lowest, with a total of $12,265.00 for both roofs. Because of the season, repairs were completed on the Building /Planning wing of City Hall. Since the bid for the theatre roof is in excess of $5,000 and the actual funds are not budgeted until next fiscal year, we are bringing this before Council. FISCAL IMPACTS: $27,000 is included in the 1990/91 budget for roof replacement. However, a in this year's budget for this $27,000 already allotted can budget. Attachments: 1) Appropriation Resolution Motion and Vote: kW, 25-7� -)0 n appropriation of purpose. If this then be eliminate the Civic Theatre $7,000 is needed is approved, the d from the 1990/91 CM OF SARATO A STAFF RFPORT 4f 28 FBBRWsy 1972 UP -2207 - Brookside Club of Saratoga, Cox Avenue - Request for Use permit to Allow Additional Tenni/ Courts The applicant has again proposed the addition of two tennis courts to the Brookside Club facility located off of Cox Avenue and the new extension of Brook Glen Drive. The Club proposes no other change in site of membership, number of buildings, or operation. After review of this matter, it is the Staff recommendation, with con- currence of the Subdivision Committee, that the subject Use Permit revision be approved to allow the two additional courts on the basis the findings mder Section 16.6 of Saratoga Zoning Ordinance PS -3 can be made and subject to the following conditions: 1. Strict compliance with original conditions of Use Permit (UP -SS). 2. Subject to obtaining a Variance for the front setback of the fencing for the tennis courts. 3. Tennis club to maintain 10 -foot landscaped strip along Brook Glen Drive. SMi /cp Stanley M. Walker Pla®ing Director