HomeMy WebLinkAboutResolution 2002-017 N.C.S. 01/28/2002 Resolution X0.2002-o17I~.C.S.
of the City of Petaluma, California
1
2
3 CONFIRMING COSTS OF NUISANCE ABATEMENT AND
4 AUTHORIZING TIE IMPOSITION OF A NUISANCE ABATEMENT
5 LIEN FOR REAL PROPERTY LOCATED AT 210 BAKER STREET,
6 PETALUMA, CALIFORNIA (A.P.N. # 008-094-026-000)
7
8 WHEREAS, Marilyn Barletta ("OWNER") is the owner of record of that certain real
9 property located at 210 Baker Street, Petaluma, California, which property has an Assessor's
10 Parcel number of 008-094-026-000, and is hereinafter referred to as "the Property;" and
11 WHEREAS, OWNER allowed the Property to become substandard and uninhabitable,
12 according to the Uniform Housing Code, Chapter 10, Sections 1001.2 et seq., thereby creating a
13 public nuisance; and
14 WHEREAS, on May 22, 2001, police personnel of the city of Petaluma determined that
15 the substandard and uninhabitable conditions of the Property constituted an immediate threat to
16 public health and welfare; and
17 WHEREAS, on May 22, 2001, in response to said conditions of the Property, emergency
18 response personnel from the fire department, the building department, and animal control
19 services for the City of Petaluma were summoned to the Property to eradicate the nuisance
20 conditions found to exist at the Property; and
21 WHEREAS, it was determined by the emergency response personnel from the City of
22 Petaluma that the conditions found to exist on the Property on May 22, 2001, and continuing for
23 several days thereafter, amounted to a nuisance per se, triggering a duty by City officials to act in
24 a summary fashion to abate such nuisance conditions, pursuant to Petaluma Municipal Code
25 Section 1.15.500; and
26 WHEREAS, City officials did respond to the conditions found to exist on the Property
27 through an emergency response procedure, and acting in accordance therewith, proceeded to
28 abate the dangerous and unhealthy conditions found to exist thereon in a summary manner; and
29 WHEREAS, the Petaluma Animal Services facility was required to provide, and did
30 provide continuing care for animals that were removed from the Property for several weeks
31 following May 22, 2001; and
32 WHEREAS, the City incurred substantial expenses in abating said nuisance conditions
33 and in providing continuing care for animals that were removed from the Property, in the. amount
2002-017
Resolution No. N.C.S.
1 of $47,947.45, as is described more specifically in the "Nuisance Abatement Cost Report",
2 attached hereto as Exhibit l; and
3 WHEREAS, the City of Petaluma is entitled to recover its costs of nuisance abatement,
4 pursuant to Petaluma City Code Section 1.15.100, through the imposition of a nuisance
5 abatement lien; and
6 WHEREAS, copies of said Nuisance Abatement Cost Report have been given to the
7 OWNER and all other parties to whom a copy of said report is required to be given, in the
8 manner and within the timeframe prescribed by law; and
9 WHEREAS, Notice of this public hearing has been given to the OWNER and all other
10 parties to whom Notice of said hearing is required to be given in the manner and within the
11 timeframe prescribed by law.
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
13 that the Nuisance Abatement Cost Report showing an itemized cost accounting of all costs
14 incurred by the City in responding to, and removing and/or abating the nuisance conditions at
15 210 Baker Street, Petaluma, California, truly and accurately sets forth such costs and that the
16 same were reasonably and necessarily incurred by the City of Petaluma to summarily abate the
17 nuisance conditions found thereon and to provide continuing care for the animals removed
18 therefrom.
19 BE IT FiJRTHER RESOLVED that the Nuisance Abatement Cost Report is hereby
20 confirmed and the City shall recover its nuisance abatement costs as set forth therein.
21 BE IT FiJRTHER RESOLVED that a lien in the amount of $47,947.45 shall become a
22 nuisance abatement lien against the property, said lien to be prepared for recordation and
23 recorded by the City Clerk of the City of Petaluma with the Sonoma County Recorder, all in
24 accordance with Petaluma Municipal Code section 1.15.100.
25
26
27 reso
28 1!30/02 (fink)
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 Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting or
on the .28th............ day of .:7a11uar~' 20.Q2, by the
following vote:
City Attorney
AvES:O'Brien, Torliatt, Cader-Thompson, Maguire, Moynihan, Mayor Thompson
NOES: None
ABSENT: Vice Mayor Healy
~__..~~pp__pp ~
ATTEST: ..............(~.,,,.:~:~.-5..I,„SC..1..
City Clerk Mayor
~11t611fII ~ilt]I' ~ Council .
~(~f 0 2.._
Res. No ...................................N.C.S.
E~-IIBIT 1
Resolution 2002-017 N.C.S. Page 3
I~`ISNCE A~ATE`N[~~'1~['T" COST F~`EPOF~,° .
PROPERTY LOCATED AT 21 O. BA' KER STREET, PETALUWIs., CA
The City of Petaluma has incurred the following expenses relating to the abatement of the
nuisance found at 210 Baker Street, Petaluma, California: .
Animal Control Services $39,53'.8.46 (Exhibit A)
Police Department. 670.14 (Exhibit B)
Community Development 2,950:32 ,(Exhibit C)
Fire Department 26'8'.5-1 (Exhibit D)
Attorney's Fees . 4,500:00 (Exhibit E)
TOTAL COSTS INCURRED B4' CITY $47,947.45 .
Resolution 2002-017 N.C.S. Page 4
a
Resolution 2002-017 N.C.S. ~ Page 5
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~~~L ~
~ ' CIT'E' ® - ~T~:I.,IJIV~A.
POST OFFICE BOX 6I .
18 5 8 PETALUwttt; CA 94953-0061
E. Clark Thompson
Mayor
.Janice Cader-Thompson
nTicnael Heady 1-1 January 2002
A4att Maguire
Bryant Moynilian
Diike O'Brien
Pamela Torliatt
Councilmembers
RE' : Cost Recovery for 21'0 Baker Street, Petaluma, CA
Public Facilities & Services _
22 Bassett Street
Petaluma, CA 94951
Phone (707J 778-4303 As requested, Here >are the itemized expenses 'incurred in seizing, caring :for and .
Fax (Z07J 778-.4437 disposing of the deceased eats.
E-A1ail: pubfaclities(a~
ci.petalurna:ca:us
In sum:
Anima! Services
840 Hopper St: Ex(: ' ~EmplOyee, wages: $3Q,230:95
Petaluma; CA 94952
Phaire (7o7J 778-4396 ~ :Other exile. nses: 9.307.50
Garporatton Yard TO'I'AI,: $39,538.46*
840 Hopper.Sl. F.xt.
Petaluma, cA 949sz' *Not included aze costs for Garin for the 3 cats currently housed at the shelter.
Phone: (707J 778-4303 g
Fas (707J 778-4 J3T _
Sincerely,
2eraletma.ltiluriicipdFAirpor, t
601 Siry Ranch Drive -
Petalumpr CA, 94954
Phone (707) 778-4404 n
Fax (707J 778-4405 10~-i~..~-Q~-. . ~
Trafficll'ianspormtion
21 Dassett St.
Petal:rmp, CA 94932 Nancee: Tavares.
Phone (7D7f 778.4303 '
Fax (707J.778-4437 Manager
Animal 'Services .
Transit -
1l English Street
.Petaluma. CA.9495Z
Pharre-(707J 778-4~1?!
Fai (707J 778-x419
Resolution.2002-Oi7 N:G.S. - ~g~`b `
PE'I'A~LUMA.ANI11'IAI,..SEItVICES
HOITItS :SPENT
BA1tY.E~'TA
' #s in Fours,.- Calendar Yeaf 2.001
~iYT~'L,C~~'LE:~' _5!I.3•- ':5/2 6 ~.~;,.3~~5 . 7l4- 23: l6- ~~I20- 913 _ ~ ~
_ ~ ~ _ . 2 ~ s~ k. ~h'7- lOh- 1(~f~.S- 1012~~- ll/1,.~ .1126- ],2/10: d'OTAI.
5127 6f~0 <612~ ,7/.8 ~ 81a~~,~- 819 9l2 9/16 S~I30- 1Q/1~3 ]Qf~8 ll/ll ~ ~112~ ~:1~/+~ ~ 12/23 I~Q~.L~25'.~
~'~tvares~~~ - SU ''43` 1S 2 2 112
1VIcr. r ~
~iirt~r E, 48 60 24 8 _
S~ elE'Yisor~,; 140
~,.7Y~er~dith~' 46.75 32 23 25 126.75
~.CfJ :3 ~ '
Pruett 51.5 31• 30 -26
, 2 1.50 8:5 15Q.50
~cc,des ~ ~ .S0 3 :50 120
k> '
C'ec•eni x~ 24 `84 7Q 30 U;
a,.~, .188 ~
z
S ~'~asson '~f`~ -51 ''.b5 72 28
216
~ o
' 38 80 52 45 0
~ 215 ~
~ z~~~ N
~ ~'f 52.75' 80 72 40 _ ~
244.75
rat
~
yy~~~~~a ~ M 26 80 76 20 202.
~'O,~'AL.(b~sed orr hourly p0y at t6xne)
• Cereni {516:8} : S3,i7-3.44:
N. Tavares ($31:27) $3,502,24 S Crosson {$1.6.88) $3,64:6.08' _
Y., Carter ($19:61) $2;745.40: 1VI. Branam ($11.58) x$2,4$9,70;
D,1Vleredith {$21,62) 52,740.34
„ K. Sousa ($11.58) X2,837.00
Y., Pruett :($19:61)' 52,951.30 1D. ltiaaehaa~t ($18.77) „ S3,Z9154'
G. Aceves ($19.61) $2,353.20
• T®~'AL WAGES : •
3® 230,96.
- BARLETTA CASE EXPENSES' ~ -to:1/11'/02
_
DATE Il"EMSIVIIH-ERE PURCHASED AMOUNT
6/01 PVC shelving for cages.-.Architectural Plastics
$1,350.00
-
5/2~2 Kennels to be used as ca't housing - Rivertown
496.45
5/24 Quicksorb litter - Rivertown '
- _ - 48.17
5/26 Maxi Kitten food - Rivertown
46.30
5/31
.Pet Carriers - PefsMart (K.Sousa) 1'92.94
5/23 Foam feeding and ,litter trays Gostco (K. Sousa)
- _ 52.05
6/04 :Paper Towels - Safeuvay (K: Sousa);
- 6.42
5/25 Veterinary exams - C.~Heiler, DUM .
105:Q0
U
5/-25 Dishes.for feeding cats - V$i 38.61 z
6/1.2. Diagnostic test kits -The Butler Co. o
- - 857.06 N
°
5(26 .Foam trays for feed/Litter - Costco (B. Snyder) °
- 10-1..54 ~
5l29: Motion detection.lighting-:National Electric -
_ _ 184:06 ~
6%05 Protecti~e,~sheet covers fqr photos - (R. Cerro}
15.60
5129 Clips to keep cages. closed -Yardbirds - ~(L. Carter)
46:89;
5/31 Fans., extension cords -Yardbirds
68.83.
5130 Fans, extension cords -Yardbirds. ~ .
- 72:9.4
6/01 Shelving, for cat cages - Maselli
. 257.40
5/25. Deadbolts, locks - Gil's Lock & Key
31.9:87
5J25 Watering cans for cats -Yardbirds ~ _ ,yam -
- 14.99
5/.26 Hasps, installation - Gil's Lock. & Key -
73.39
5/22 .Disposable cameras for cat intake -Petty cash (Crosson)
45.65
1
_
5/25 Fhoto processing; - ..Petty Cash (Pruett) ~ ~ 9 37
6/8 - _
,Feed - Rivertown
.61.74
_ - -
6/21-25 Veterinary care, spay/neuter, vaccin,, worming,: etc. -Adobe Vet. Clinic 451.50
7/03 Feline spay/tissue biopsy -Cat Hospital of'Petaluma '
23.50 t.
•
7/09 Thank you envelopes for Donors to,Cat Rescue -OfFce Helper . 33.33
6/15=1.6 In shelter veterinary care/exams for cats - C. Heiler,DVM 462.00
6~?2 In shelter veterinarycare - C. Heiler,. DUM _ 107.50
6/29 In "shelter vetennary care- C: Heiler; DVM
67.50
6/45 Sharps disposal -,Koefran Services
_ _ 70.0,0
5/22-6/1:5; Meals for staff and volunteers who could. not leave shelter because of time required to Bare _251:.,89
- v
for eats -Mary's, Albertson's, G&G~,. Safeway ~ ~ ~ z
5/23-26 Photos., processing,, videos, binders,. etc. for Evidence collection, copies for LemMon 210.81
• (V
O
Longs
5/27 Tape .:.Recorder -Radio. Shack
_ 73.52 0
6%15 Ice Chests to Transport evidence for~testing - Idexx Lab.
29.99
9 ,
.6/16 Window coverin s -isolate cat room -~.Craig~s ~ 10.15
7/11 IDEXX'Laboratory -Necropsy of four cats
1.,300.00
7/11 ID;EXX Laboratory - i=IP & urinalysis
104.71
1'Q/20- Rental of storage unit for evidence (storage at shelter demolished for renovation. _ 185.00
1 /31 /02
- Various-see Removal/disposal fees charges - Koefra.~ ;Services. Based on City of Petaluma $25 fee for body disposal 4 925.00
'report
TOTAL EXPENSES (to 1111/02) $9,307.50
E
Resolution 2002-017 N.C.S. Page 10
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Resolution 2002-017 N:C'S. - Page 12
CITY OF PETAI;LTIVIA, CALIFORNIA
1VIEMORANDUM
_ Community. Development Deparbnent, 11 `English Street, Petalumg CA .94932
(.70~ 778-4314 Fax'(70~ 7~7&4498 E-mail: mmoore(a~cipetalumac~us
DATE: January 28, 2002
FRONT: IVlike~Moore, Community Developnerit Director
- SUBJECT: 210 Baker :Street -Staff Time 'and. Costs'
` The following, revised costs were incurred by staff of the Community Development. Department
in the summary abatement ofZTO=Baker:Street during: the period between;11i1ay 22, 200,1 and Juhy
31, 2001. The ;revision to the costs for Community Development is consistent with the time
. period covered by the 'summary abatement o'f-the property by the City'Councl at its meeting of
January 28, 20.02:
' Michael Moore (Communitypevelopment Director) -May 22, 2001 through July°26;2001
Activi Total ~'iuge S ent in hours ~'ost
Meetings w/`Pro e Owner 2 ~ $158.80
Review of Correspondence 4 $3'17.60
- dotal 6 $4'76.40..
Robert"B`erna (former Chief Building Official)' -.May 22, 2001 through July 26„, 2001
Actav: Total 'Time S ent in hours Cost _
Initial' P.ro e ' Ins ection. _ _ 3 _ $173.52_
1Vleetin s w/ Pro ~ e Owner 8:5 $49;1.64
_Pre drat"on'of Corres onderice 16 $925 44
`Phone Calls 13 $,751.92
Total 40.5 $2,342.52
Clifford Kendall (Pla_ns Examiner) -May 22, 2001 through July.26, 2001
Activ 'Total ~'inie S erit' in hours. Cost.
Initial Pro erty Inspection 3 $131.4.0
Total ~ 3 $131.40
Total Staff Costs' (based on City of Petaluma Employee Work,Order Rates for FY 01-02):
$295®.32
Resolution 2002-01.TN.C.S. Page 11
C~T'Y OF PET`A.I,UMA,,. C..ALIFORNfiA
IvIE~VlORA,NDUIvI
T3'at%, Corxnrandrr,,969Pdalrci~aa.Boulevard.Noitk;.Petulumq GA 94952`
(707) 778=4AS1 Frar.(%07J'778-4502 ~ma~7:dsear.~accpdduma.cvcur
DATE: January 1 Q, 20Q2 ;
FROM; ~Dauid .Sears, Lieutenant' {
Si7~JE~':. COST R]EC®~RY"- 210 BAdt. S'Y'REET -
Attached you will _fmd the .break down for the cost. recovery for the Police. Departrri'ent
involving .t}ae. incident at 210 Baker Street. The hourly' employee costs were. pay rates
current on. Nlay 22; .200.1,
°Sergearn Tim Lyons 3:.75 hours 533',02 /hour $123.83
Sergeant~Niark I~unter 2.S hours ' $33.02 /hour S 82'.55..
Officer Paul Gilman 13 hours $27:65 /hour $359.45
Officer Paul Accorriero ,5 hours $27.65'/hour $ 13.83
Officer John,,Neri ~ , , 5'liours ~ $27.65 /hour $ 13,83
7 TyvexSuits ~ $10:95 / eac>x $ 26:65
TOT~.L $6'lO:J4'
This is all of the:cost for`the Police Department~on'the date of-thee original incident. T
.hope this issat~sfaetory'for the costrecovery, If you need more information please call
me at (707)' 778-44`5,1- ext. 2.
cc Shirley 1Vliller Captain.
Patrick;Pirks, Chief of:Police
Resolution 2002-017 N:C:S. - ~ a 'e 13
Resolution 2002-017 N.C.S. Page 14
• Michael Ginn
_ .
From: MichaeLAhlin
Sent: Sunday;. January 06; 2002 10:32 AM
Subject: 21"O Baker Incident
On May 22, 2001' 9381 responded twice to 2,T0 Bakec Street at the PD.'s request:
Incident # 1761 (0857-0925) - 2 $ ~N u;fc~ ( 1
Incident #1764 1345-1549 ~ `a~`~~ ~ t~-c. ` f ` $ 3 ~ JLf
The following personnel were;assigned'to 9381::
MikeAhlin, Captain (o j :(B~ l ~ ~ 3 / Z~7 .
'Dennis Noriel, Engineer ~ ~ • ~ ~ 3 7~ / 1
Jeff Schach, Firefighter/Paramedic ~ ~ • yS X ~ 3 = ~
y y guesfions please contact me.
If ou have an ~ [7 , s j
a~~~ p Q~~~ s i
,
Resolution 2002 017 N,C.S. g
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Resolution 2002-017 N.C.S. Page 16
Itl e y e r s I n a.v a riback silver & Wilson ~ Richard R. Rudnansky -
. ~ Aftarney at Lavr
Qrofes;io,ncl faw coi•,p.orati;on 707.545.8009'
January 17;..2002
I, Richard R: Rudnansky ,declare:
l . I am a member of the law firm of Meyers, Nave, Ribaek; Silver & Wilson, and am the
City Attorney for the City ofPetaluma. My firm regularly and customarily performs'legal services for
the City of Petaluma; ,pursuant to a written fee agreement relating to such services:
2. I_ncluded among the seryices~ that my firm provides to the City of Petaluma. are those
services atfendantto, and necessary for, proper code enforcement:and nuisance abatement, including
nuisance abatement activities undertaken:by the~City ofPetaluma to abate nuisance conditions at 210
Baker Street in Petaluma, California.
3. I have reviewed the billings~thatwere submitted by my firm to the City of Petaluma
relating to legal services ''that-were prodded to city staff in abating the nuisance conditions at 210
Baker Street-. Those billings. truly and.accurately reflect legal fees'incurred by the City of Petaluma
as a result of the City's. ntaisance,abatement efforts at 2'T.0 Baker Street. Theaegal servicesprovided
by my firm were necessary to, provide direction and assistance~tq City staffin their efforts to, abate said
condition. The fees were reasonable for the services provided, and, were in accordance with the
written fee agreement between my firm and the City- of Petaluma.
4. The City of Petaluma has paid. the entire amount; of $4;500 to my firm; which
represents the amount ;of attorney's; fees incurred by the City of Aetaluma::rela"ting to the abatement
of nuisance conditions at 210 Baker Street from May 22,'200'1 through. July 31, 2001.
Executed this 1'7th day of January; 2002, at Santa Rosa; California.
Richar R. Rta nansky,-City , ttorney
City o etaluma
East Bay Office
.San Leandro, California
Central Valley Office
North Bay 1401 Mendodno Avenue,;Suite 100 • Santa Rosa, California 95401 • Telephone 107.545.6009 • fax ~ 707.545:6611 • www.meyersnave.com Stockton, California
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Resolution 2002 017 N.C.S. g