HomeMy WebLinkAboutResolutions 89-259 N.C.S. 08/21/1989.~
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~~SO~UII~n Nom. 89-259 1~1 ~.5.
of the City of Petaluma, California
A RESOLUTION DECLARING THE FENCE ERECTED AT
12 HILL DRIVE, PETALUMA, CALIFORNIA,
A PUBLIC NUISANCE AND ORDERING
SAID NUISANCE TO BE ABATED.
WHEREAS, Mark Ammons is the owner of record of certain property at
12 Hill Drive, Petaluma, California; and,
WHEREAS, it was alleged by the Chief Building Inspector of the
Community Development and Planning Department for the City of Petaluma,
that the fence erected on the premises is a violation of the Petaluma Zoning
Ordinance Section 24-500, and Section 301 of the Uniform Building Code;
and,
WHEREAS, the said property owner was notified of a hearing to be
held on the question of whether such nuisance did in fact exist; and,
WHEREAS, said hearings were held on June 5, June 19 and July 10,
1989, and evidence, both oral and documentary, was heard and considered
by the Council on the question of whether a public nuisance did, in fact,
exist at 12 Hill Drive, Petaluma, California and whether the cost of abating
such nuisance should be assessed against said property owner.
WHEREAS, the said property owner has agreed to reduce the height of
the fence to not exceed 8' as measured from the uphill, or highest, side of
the fence lines upon delivery of four (4) Ligustrum japonicum with a
starting height of 10' or more for said property owner's installation.
NOW THEREFORE, BE IT RESOLVED as follows:
1. If the height of the fence is not reduced to the approved height
or below upon delivery of the agreed upon four Lugustrum japonicum
plants; it is found, ordered and declared that a public nuisance exists at
89-259
Rrs. No . .............................. N.C.S.
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the property known as 12 Hill Drive, Petaluma, California, and constitutes a
hazard to the public health, welfare and safety.
2. The Chief Building Inspector of the Community Development and
Planning Department is hereby ordered to abate said nuisance by the
demolition or removal thereof, following a period of 15 days beginning at
the documented time of delivery of the before mentioned plants. Notice of
this resolution shall be given to Mr. Mark Ammons, by depositing a copy of
the same in the Postal Service mail.
3. The cost of said abatement, if required by failure on the part of
Mark Ammons to comply, in accordance with the agreed to stipulation, and
if not undertaken by Mark Ammons shall be assessed against Mark Ammons,
and if not promptly paid, the City shall institute legal action to recover
said monies from Mark Ammons.
ammons 3
abate 1
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the-'"4'~_~~eveEi-• s to
Council of the City of Petaluma at a (Regular) (A~jt~x1~1) meting ~~ ' ; °~'
21st y ~
on the .......................... da of ...................---..4~ugl~.a k..................., 19.x.9..., by the
following vote:
...... -----'.y ........ ................
Cit Atto ey
AYES: Woolsey, Cavanagh, Balsahw, Davis, Vice Mayor Sobel, Mayor Hilligoss
NOES: ~
ABSENT: Tencer - ,
...
ATTEST: ..---.. ........... .................... .................... ... ... : ~ / •--•--.-_'.- . - -. .~ ' .' - ..... , ~.Y..~l......
City Clerk Mayor
Council File........---° .......................
ca io-ss Res. Na........89-2.5.9.... rr.cs.