HomeMy WebLinkAboutResolutions 86-306 N.C.S. 11/17/1986
~es®IUt101E1 N®. 86- 306N. C. S.
of the City of Petaluma, California
RESOLUTION DECLARING UNDERGROUND LIQUID STORAGE TANKS
ON PROPERTY AT 601 EAST WASHING'PON STREET, PETALUMA
A PUBLIC NUISANCE AND ORDERING SAID NUISANCE
TO BE ABATED.
WHEREAS, William E. Silva, Noreen Silva Fiene, Gail Silva, Sharon
Silva, and Silva Family Rentals, A Partnership, are the owners of record of
certain property at 601 E. Washington Street, (A.P. No. 7-057-42)
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 whether such nuisance did in fact exist; and,
WHEREAS, said hearing was held on November 17, 1956, 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 601 East
Washington Street, Petaluma, California and whether the cost of abating
such nuisance should be assessed against said property owners.
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. NOW, THEREFORE, BE IT RESOLVED as follows:
1. It is found, ordered and declared -that a public nuisance exists at
the property known as 601 E. Washington Street, 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 liealth, welfare and safety.
2. The owners, William E. Silva, Noreen Silva Fiene, Gail Silva,
Sharon Silva and th'e Silva Family Rentals; a Partnership, 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 Tegal 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 601
East Washington Street, 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 the procedures specified in Petaluma Municipal Code Section
1.15.070.
Under the;power~and*autho~ity. conferred upon this Council by•,the Charter of said City.
I hereby certify the foregoing .Resolution was intro
.Council of "the City of Petaluma at. a (Regular);,
ion the .......l.~.t~.l.... day of .........~C):.V_~1]11ZS~'...;.
`#ollowng vote:
AYES: ~avs~, Sobel, Woolsey, Cavanagh, B;a
Tencer, r~Iayor Mattei -
1VOES: -0_ .
ABSENT: 0-. .
ATTEST: .. ....- -• ---- -• ";
City Clerk
Form CAB 7181
Council Fi1e.~ o ~. f ~ mayor
8~-~(5~;....NCS
Res.. No ..............._.....:.........
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ORDER. TO SHOW` CAUSE
RE: ABATEMENT O:F PUBLIC NUISANCE
TO: William -Earl. Silva.., 9 Volker Drive, Petaluma
Noreen, Fiene, 917 Aspen Way;, Petaluma
Gail Silva and Sharon 'Silva, o .Silva ~
Family Rentals, a Partnership, 9 Volker Drive.,
Petaluma, California
YOU ARE HER`EB.Y NOTfiFIED to appear before the City Council of the
City of Petaluma on, "the. 17th day of November, 1'986, at the City Council
Chambers at Post. & EngTsh~ Streets, Petaluma, .California, at the hour of
7:00 o'clo.ck p . m . , or : as soon thereafter as the matter can be heard , to
show cause, if any you .;have., why the public health and safety problem
existing on the property at 601. E: Washington Street (A,P. 7-057-42),
Petaluma, California, i. e. , underground liquid storage tanks, should not be
abated as a pu:bTic nuisance.
The property is a .former gasoline, service station which has been
closed for several years. The property h'as' underground storage tanks
.which have been abandoned for a period of more than one year. Pursuant
to the 198'5 Uniform Fire Code Section 79.114(e), which has been
.incorporated into the Petaluma IVIu ieipal Code„ such underground storage
tanks must be removed from the ground and the hole properly filled.
Accordingly, the property is in violation of -the Petaluma Municipal Code.
You must show cause why the. aforementioned violation of the Petaluma
Municipal' Code should snot be condemned as a public nuisance: and said
nuisance' be abated by .its removal 'of the ..underground tanks and filling of
the hole, or by safeguarding the. tank in place in a manner and with
material approved the Fir-e Chief, and why the cost of such abatement, if
any should not be assessed against you andlor.-your property, such costs
_..
to constitute a lien upon your property until` p. aid.
Dated : November ~ 1.986.