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HomeMy WebLinkAboutResolutions 88-045 N.C.S. 02/16/1988F~ Resolution No. 8~-45 N.C.S. of the City of Petaluma, California A RESOLUTION DECLARING THE USE OF THE PROPERTY AT 320 HOWARD STREET, PETALUMA, FOR A CONSTRUCTION BUSINESS AND THE UNLAWFUL ADDITION OF A DECK ON THE PREMISES BE A PUBLIC NUISANCE AND ORDERING SAID NUISANCES TO BE ABATED. WHEREAS, Lester B . Young, the owner of record of certain property at 320 Howard Street, Petaluma, California; and, WHEREAS, it was alleged by the Chief Building Inspector for the City of Petaluma, that a deck had been constructed as an addition to the home on said premises without a building permit in violation of Chapter 17.04 of the Petaluma Municipal Code; and, WHEREAS, it was further alleged by the Community Development and Planning Department that a home occupation, namely a construction business company was being conducted from the premises at 320 Howard Street, Petaluma, without a home occupation permit and in violation of Section 21-202 of the Petaluma Municipal Code, as well as being in violation of the Residential Zoning on the property; and, WHEREAS, the said property owner was notified of a hearing to be held on the question of whether said violations did occur and whether they should be abated as public nuisances; and, WHEREAS, said hearing was held on February 16, 1988, and evidence, both oral and documentary was heard and considered by the City Council on the question as to whether the public nuisances did, in fact, exist at 320 Howard Street, Petaluma, California, and whether the cost of abating said nuisances should be assessed against the property owners and against the property. k~,5. N~.........8.8..-.4.5.... rv.cs. 1 o f 3 NOW, THEREFORE, BE IT' RESOLVED as follows: 1. It is found, ordered and declared that a public nuisance does exist at the property known. as 320 Howard Street, Petaluma, California, in that a deck was built as an addition to the home thereon, without benefit of a building permit and that a construction business activity is being conducted on the premises in violation of the residential zoning for the property and said nuisances constitute a hazard to the public health, safety and welfare. 2. The property owner is hereby ordered to abate the illegal deck by the demolition or removal thereof, within a period of 30 days from the. date of this Resolution.. . 3. The property owner is hereby ordered to abate the illegal construct-ion business activity by terminating that :activity within a period of 30 days from the date of this Resolution 4. Notice of this Resolution shall be given to Lester B . Young by depositing a copy of the same in the postal service mail to his address at 320 Howard Street, Petaluma,, California. 5. In the event that the. nuisances are not abated within the time set forth above, by action of the property owner, the City Attorney is hereby authorized to institute appropriate civil action against the property owner to obtain a judicial Order of Abatement and/or injunction relating to the conduct of the public nuisance's being conducted on the property at 320 Howard Street., Petaluma., California. 6. The cost of said abatement, if not undertaken and accomplished Reno. 88-45 NGS~ 2 of 3 f' - by Lester Young, shall be paid for by Mr. Young, and shall become a special assessment and constitute a lien against the property at 320 Howard Street, Petaluma, California. If not promptly paid, the City shall institute legal action to recover said monies from Lester B . Young . The costs of said abatement shall include any and all legal fees and court costs undertaken by the City of Petaluma to obtain a judicial order for the abatement of and for injunction. against the public nuisances being conducted upon the aforesaid premises. reso. young LAW 11 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 Ap o to Council of the City of Petaluma at a (Regular) (Aaiflat~i'i~f~~i~~ meeting on the .....-l, ~?.r b..._.:... day of .........F.e.b.r.atax.3z ........................... 19.$.Q-., by the following. vote: ............ .......•-•---•--•-----•----- y Attorney AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOES: 0 r"' ~~ .' ABSENT: 0 ~~ ~ ,~ ' r ~, .m ATTEST: --..-..-•---.-.~ ....................... . City Clerk Mayor Council File .................................... CA IO-S5 ~ Res. No........8.8.e.~j..rj........ N.C.S.