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Council orders abatement of hazardous conditions at 4543 Yerba Avenue, gives owner 45 days to comply

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Summary

After repeated complaints and two fires on site, the council found exterior storage and inoperative vehicles at 4543 Yerba Avenue are a public nuisance and ordered abatement; council amended the staff recommendation to give the owner 45 days to comply before the city can abate and recover costs.

The Atascadero City Council declared exterior conditions at 4543 Yerba Avenue a public nuisance and ordered abatement after staff presented photos and a history of citizen complaints, fire incidents and notices to the owner. City Attorney David Fleishman said code enforcement had given written notice and that continued noncompliance allows the city to abate and place costs as a special assessment on the property tax roll.

Fleishman described repeated attempts to secure voluntary compliance and explained the alternatives. "The property's been the subject of a number of citizen complaints over the years," Fleishman told the council. He said the property posed public-safety hazards from outdoor storage, inoperative vehicles and combustible materials in a relatively compact residential neighborhood.

The property owner, Terry Stinson, addressed the council and said she has been working with code enforcement and has health and family complications that slowed progress. A county social-worker from Adult Protective Services said the owner had begun participating in a local support group for hoarding and asked the council to allow more time.

Council amended staff's recommended abatement period and voted 5-0 to adopt a resolution declaring the nuisance and ordering abatement within 45 days from service of the notice. Council directed staff to continue working with the owner during that period; if the owner fails to abate, the city may hire a contractor, complete the work and recover costs as a special assessment on the property.

Ending: Council said it preferred voluntary compliance but set a firm 45-day deadline and authorized staff to proceed with abatement and cost recovery if the owner does not comply.