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Sparks City Council Meeting 3/27/2017

General Business: 9.8

Title: Consideration and possible direction to the City Manager to petition the appropriate court for injunctive and declaratory relief and/or to abate the nuisance on the property at 2900 South D’Andrea Parkway (D'Andrea Golf Course Clubhouse) FOR POSSIBLE ACTION.
Petitioner/Presenter: Stephen Driscoll, City Manager/Jim Rundle, Planning Manager
Recommendation: Community Services staff recommends directing the City Manager to seek injunctive and declaratory relief to abate the clubhouse nuisance.
Financial Impact: Fiscal impact scenarios have been identified in the staff report.
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

The former D’Andrea Golf Course Clubhouse burned in 2015 and was deemed a nuisance on January 20, 2017.  Two courtesy notices were sent to the property owner on January 24, 2017 identifying violations and requiring a plan for compliance to be coordinated with the city.  Receiving no response from the property owner, city staff sent a third letter on February 7, 2017 by certified mail identifying the issues and corrective actions required at the former clubhouse site and a deadline for compliance of March 13, 2017. This letter also stated that if the violations were not corrected, the city could petition the appropriate court for injunctive relief, abate the nuisance, or both.  This item provides the City Council an opportunity to primarily direct the City Manager to seek injunctive and declaratory relief or to proceed with abatement, and secondarily to identify to what extent the nuisance should be abated.



Background:

The original D’Andrea Planned Development handbook was approved in 1998. The handbook identified D’Andrea to be a quality mixed use community that included a mix of single family residential, multi-family housing, office, retail, commercial, parks, open space, and a golf course.  The golf course would feature a clubhouse and envisioned that would be located off of South D’Andrea Parkway.  The clubhouse would be home to a pro shop, bar and grill, and tournament dining facilities.  The clubhouse was intended to be two stories with the cart barn on the lower level.  At approximately 17,600 square feet, the clubhouse would be one of the primary public facilities within the D’Andrea master planned development.  A building permit was approved in 1999 and the clubhouse was constructed and opened to serve the community of D’Andrea until its closing in 2012.

The D’Andrea clubhouse burned on October 28, 2015.  The clubhouse was partially demolished as part of the fire suppression efforts as directed by the Fire Marshall. Because the fire was caused by arson, the site was considered a crime scene until October of 2016. The arsonist pleaded guilty in November of 2016 and was sentenced in February of 2017.

Numerous requests for enforcement of the applicable Sparks Municipal Code provisions came directly from residents of the D’Andrea community as well as through elected officials after the building was burned. Due to the crime scene designation, the city was unable to proceed with enforcement of the applicable municipal codes, including but not limited to SMC 7.16.010(D)(8).  After the site was no longer deemed a crime scene, staff initiated contact with the listed property owner identifying the nuisance issues and requiring the violations be corrected.



Analysis:

The city may choose to abate nuisances when a nuisance has not been timely abated by the property owner after notice of the violation.  SMC 7.16.050 requires the city to serve by certified mail a notice of violation to abate a nuisance.  In regard to the D’Andrea clubhouse (case number 17-000047), staff sent a certified letter to the listed property owner on January 24, 2017 identifying code infractions and corrective measures.  Receiving no response, staff then sent a second certified letter on February 7, 2017 identifying the city’s intent to seek injunctive relief or abate the nuisance if the code violations were not corrected or contact with staff was not made by March 13, 2017. As of March 14, 2017 the due date for this report, staff had neither received any communication from the property owner nor observed any progress at the site toward correcting the violations.

Due to the lack of response from the property owner and the ongoing nuisance at the site, the City Council may direct the City Manager to petition the appropriate court for injunctive relief, abate the nuisance, or both.  The abatement process is described in Title 7 of the Sparks Municipal Code and Chapter 268 of the Nevada Revised Statutes.  SMC 7.16.080 provides that if a property owner fails to remove a public nuisance after notice, “an authorized public official may petition the appropriate court for the injunctive relief to abate the nuisance or may cause such public nuisance to be abated or both.”

The primary consideration for the City Council in respect to this item is determining whether or not to direct the City Manager to petition the appropriate court for injunctive and declaratory relief to abate the nuisance.  If the council chooses to direct the City Manager to abate the nuisance, then secondarily the City Council should direct City Manager as to the extent the nuisance should be abated.

Staff has conducted a thorough inspection of the site and estimates the minimum cost of abatement site to be $63,500.  This price would include removing the debris and rubble remaining from the burned structure.  This scenario (Scenario A) would not secure the remainder of the building.  As this structure formerly served as a clubhouse for the former D’Andrea Golf Course, the basement was constructed to house golf carts serving the course.  The basement component of the former structure is structurally sound but, if unsecured, poses a security and public safety issue.

Scenario B would include all elements of Scenario A and securing the basement area with backfill and metal doors that would likely be welded in place to secure the basement structure.  A substantial amount of backfill and labor would be required and estimated costs are an additional $27,000, or a total of $90,500.  This scenario would leave remnants of the building that would have to be dealt with if the site were to be redeveloped.  This remaining structure could also pose a public safety hazard to individuals who may climb on or in the structure.

Scenario C  proposes the complete demolition of the structure to restore the site to a graded pad ready for future development.  This scenario is estimated to cost approximately $253,000.  This cost estimate is so much higher than Scenario B as it requires the demolition of the remaining basement structure which has been determined to be structurally sound.  The basement structure was erected to bear the weight of the former club house as well as house golf carts.  Significant amounts of demolition including but not limited to jack hammering would be required due to the rebar and substantial amounts of concrete.

Abatement of the site would mean the City of Sparks would initiate and complete the work to the extent desired by the City Council.  After abatement was complete, the City Manager would report to the City Council on the abatement proceedings. City Council would then decide whether the costs of abatement should be made a personal obligation of the property owner, a lien against the property, or a special assessment against the property that would be collected in the same manner as general property taxes per SMC 7.16.100(A).



Alternatives:

First Alternatives

  • The Council may choose to direct the City Manager to seek the appropriate court for injunctive and declaratory relief as recommended by staff.
  • The Council may choose not to direct the City Manager to seek the appropriate court for injunctive and declaratory relief and provide the City Manager with alternate direction.

 

Second Alternatives

  • The Council may direct the City Manager to abate the nuisance utilizing Scenario B as recommended by staff.
  • The Council may direct the City Manager to abate the nuisance utilizing Scenario A or Scenario C.
  • The Council may direct the City Manager with alternative direction.


Recommended Motion:

Primary:

I move to direct the City Manager to petition the appropriate court for injunctive and declaratory relief to abate the nuisance at the D’Andrea Golf Course Clubhouse located at 2900 South D’Andrea Parkway.

Secondary:

I move to direct the City Manager to abate the nuisance at the D’Andrea Golf Course Clubhouse located at 2900 South D’Andrea Parkway utilizing Scenario B as described in the staff report.



Attached Files:
     DAndreaClubhouseLocationMap_20170314.pdf
     View of Former Clubhouse looking west.pdf

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