Costs for Demolishing Nuisance Building Charged to Owner
May 20, 2020 12:00AM ● By Story by Shaunna BoydCITRUS HEIGHTS, CA (MPG) - For many years, the City of Citrus Heights attempted to clean up a nuisance property located at 7210 Greenback Lane. Although the commercial building was originally slated to be used as a barbershop, no business license was ever filed for the location. In March 2008, it was reported that the property owner, Mr. George Petker, was illegally occupying the commercial building as a living space with a number of other tenants. The City attempted to investigate reports of building improvements conducted without proper permits, but Petker denied access to the property.
Over the years, the City grappled with various code enforcement issues at the property, including graffiti, overgrown weeds, accumulation of trash and debris, and many vehicles and motorhomes parked on the lot. Despite numerous violations, Petker refused to clean up the property. Greg Anderson, chief building official for the City of Citrus Heights, said, “He informed me multiple times he would never allow any City authorities inside the building without a warrant.”
Eventually, Petker and the various tenants moved on, and the property was officially declared abandoned in April 2017. Reports of illegal activity on the property led to an inspection in May 2017. Inspectors found transients living inside the building, which was filled with trash and debris as well as human feces and urine. The City boarded up the building and posted a notice that the property was unsafe to occupy. But frequent break-ins, trespassing, and squatting continued, creating a hazard for neighboring properties.
The property was declared a public nuisance on May 21, 2019. Mr. Petker still owned the property and was informed he needed to correct the violations within 60 days, or the City would seek an Abatement Warrant, which gives the City the authority to clean up the property.
A fire on July 3, 2019, caused severe structural damage to the roof of the building, which partially collapsed. Anderson said, “It created a serious hazard.” The building was then declared a dangerous structure.
Petker did not respond to the notices and did nothing to improve conditions on the property. So, on November 16, 2019, the City obtained an Abatement Warrant. When Anderson posted the warrant at the property, he found vagrants living inside and layers of debris everywhere inside and outside the building.
The abatement process took place between November 22 and December 10, 2019. As crews cleared the building, they found hypodermic needles mixed in with the debris, so they had to treat all the debris as hazardous waste. Finally, the building was demolished, weeds were cleared, and trees were trimmed — leaving a clean, open site.
On February 12, 2020, an itemized account of the costs of abatement was delivered to Petker, both in person at City Hall and through certified letter to his address of residence. He was informed he had 45 days to repay the costs before an itemized report and summary of all abatement expenses were submitted to the City Clerk.
At a special meeting of the Citrus Heights City Council on May 14, 2020, the Council considered whether to confirm the report and order that the costs become a personal debt against the owner or be assessed against the property as a lien.
Citrus Heights City Attorney Ryan Jones said this was only the second time in the City’s history that a hearing was held to recover abatement costs: “We only do this in the most challenging of cases when our standard code enforcement actions do not accomplish compliance. We have given the property owner a number of opportunities to comply, including notice to be present.”
The total amount is $105,783.53, which includes the costs of repeatedly boarding up and securing the structure, asbestos survey, arborist report, tree trimming service, debris removal, and building demolition. Also included in total are accumulated fines over the years for code violations, attorneys’ fees, and labor costs of city staff who worked on the years-long abatement process. City Attorney Jones explained that the municipal code gives the City the power to recoup abatement costs: “You do have the authority to pass this resolution to recover all of these costs associated with this matter.”
At least 10 days before the hearing, the owner was informed of the hearing through a certified letter, and a notice was published in a local newspaper. The owner did not attend the hearing, and no public comments were submitted.
The City Council voted 4-0 (Councilmember Bret Daniels was absent) to confirm the report, ordering the abatement costs be charged against Mr. Petker, either as a personal debt or as a lien against his property.