HomeMy WebLinkAboutResolutions 87-045 N.C.S. 02/17/1987. • !.
1~eSQlUt101`Z .N~. '8;7-45 >N. C. S.
- ~ ~ „ - of the City of Petaluma, California
R'E'SOLUTION D,ECLAR-ING UNDERGROUND LIQUID STORAGE TANKS
ON PROPERTY AT 231 B'ODE'GA AVENUE, PETALUMA
A PUBLIC NUISAN.CE~ AN.D ORDERING SAID NUISANCE
TO BE ABATED.
6VHEREAS, Hobbs and Beth Shore, are the owners of record of certain
property at 23"1 Bodega Avenue, (A.P. No. .006-302-01-2) Petaluma,
California.; and_,
WHEREAS, it was alleged by the Fire Marshal of the Petaluma Fire
Department that a former .gasoline service. station on said property has been
closed for several years and has underground storage tanks which have
been abandoned for a period of more than one year.
WHEREAS, pursuant to the 1985 Uniform Fire Code Section 79.114(e),
which has been incorporated ~ into the Petaluma Municipal Code, such
' underground storage tanks must be removed from the ground and the hole
properly filled, or in the alternative, said underground tanks can be filled
.with: material approved. by the Fire Chief and/or Fire Marshal; and,
WHEREAS, it was alleged- by the Fire Marshal that said abandoned
- tanks constitute a public nuisance; and,
WHEREAS, the said property owners were, notified of a hearing to be
held .on the question of w-hether such nuisance .did in fact exist; and,,
WHEREAS, said hearing was held on February 17, 1987, and evidence,
both oral 'and documentary, was heard and considered by the Council on
the question of whether''a'p"iblic nuisance: did,, in fact, exist at 231 Bodega;.
Avenue, Petaluma;, California and whether the cost of abating : 'such
nuisance should be assessed against said property owners.
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Reso. 87-45 NCS 1 of 2
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NOW, THEREFORE, BE IT RESOLVED as follows a
1. It is found, ordered and declared that a public nuisance exists at
the property known as 231 Bodega Avenue, Petaluma, California, and that
the abandoned underground gasoline storage tanks are in violation of the
above cited code section and thereby constitute a public nuisance and
hazard to the public health, welfare and safety.
2. The owners, Hobbs and Beth .Shore, are hereby ordered to abate
said nuisance within 30 days from the date of this resolution. Otherwise,
the City Attorney of the City of Petaluma is to institute legal action to
enjoin the continued performance of said public nuisance.
3. The costs of said abatement, including legal costs, if not
undertaken by said owners, shall be assessed against the property at 231
Bodega Avenue, Petaluma, California, and if not promptly paid, shall
become a lien upon said property.
4. Copies of this resolution shall be timely served and posted in
accordance with the procedures specified in Petaluma Municipal Code Section
1.15.070.
~f,-~.,,.A T:
Under the power and authority conferred upon this Council by the Charter of said City. ~?*r..~s~ : ~ ~~
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the ,+~.'~Appfb to
Council of the City of Petaluma. at a (Regular) (~~l~~i~l) meeting /~`
on the .-..17th.-•--...... day of ...-........~~b~'lla~~ ............................ 1982..., by the '
following vote: ............. ...._...---....--.-..-.-..
y Attorney '
AYES: Davis, Sobel, Woolsey, Cavanagh, Balshaw. Vice 11dIayor Tencer, Mayor Hilligoss
NOES: None
ABSENT: one '
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ATTEST: .--- --...- .... .~ .. ............•-----.........-._-.-.........-.....--........ ...... ~..- .. ....._.- .-..................-.............--....-.
ity Clerk Mayor
Council Filope~~-11...--A ................• --........
CA 10-85 Res. No. ...IQ.1.-45............ N.C.S.