HomeMy WebLinkAboutResolution 97-020 01/21/1997 Resolution No. ~7-~~ N.C.S.
of the City of Petaluma, California
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7 DECLARING CERTAIN CONDITIONS OF THE PROPERTY AT
8 614 KENTUCKY STREET, PETALUMA (APN 006-091-017) TO BE A
9 PUBLIC NUISANCE AND ORDERING SAID NUISANCE TO BE ABATED
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14 WHEREAS, Paul Spedick, Jr., is the owner of record of the real property located at 614
15 Kentucky Street (APN 006-091-017), Petaluma, California; and
16 WHEREAS, it has been alleged by the Chief Building Official and Senior Planhing
17 Technician of the Planning Department that there exists at the property listed above a partially
18 completed deck constructed without the necessary building permit in violation of the Uniform
19 Building Code, and which exceeds the allowable setback, in violation of the Petaluma Zoning
20 Ordinance; and
21 WHEREAS, Paul Spedick, Jr., was notified of the existence of said conditions by
22 correspondence from the Building Division dated February 12, March 20; April 19, May 14, and
23 July 5, 1996; and further in correspondence from the City Attorney's office dated September 6,
24 1996, copies of which correspondence are part of this record; and
25 WHEREAS, Paul Spedick, Jr., was notified of the hearing to be held on the question of
26 whether such nuisance did in fact exist by means of an order to show cause re abatement of public
27 nuisance posted on the property affected on December 23; 1996,. evidence of which posting is
28 contained in this record; and
29 WHEREAS, Paul Spedick, Jr., was notified of a hearing to beheld on the question of
30 whether such nuisance did in fact exist by means of an order to show cause re abatement of public
31 nuisance served by certified mail and regular mail December 27, 1996, evidence of which service
32 is contained in this record; and
33 WHEREAS, a hearing was held on January 2l, 1997, before the City Council at which
34 witnesses were sworn and evidence, both oral and documentary, was heard and considered by the
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1 Council and all parties were given the opportunity to cross examine witnesses called by each other
2 party on the question of whether a public nuisance did in fact exist as alleged and whether the cost
3 of abating such nuisance should be assessed against said property if Paul Spedick, Jr., fails to
4 abate said nuisance within thirty (30) days after adoption of this resolution.
5 NOW, THEREFORE BE IT RESOLVED as follows:
6 1. It is found, ordered and declared that a public nuisance exists at the property
7 known as 614 Kentucky Street, Petaluma, California consisting of:
8 A) Construction of a deck without necessary building permits, in violation of
9 1994 ed. Uniform Building Code section 106. l;
10 B) Construction on property of a deck encroaching into the allowable setback
11 of 2Yz feet by 1 foot, in violation of Petaluma Zoning Ordinance section 24-
12 401.1.
13 2. The nuisance may be abated by:
14 Within 30 days from the date of this resolution:
15 A) Removing the structure from the property; OR
16 B) Obtaining a building permit pursuant to 1994 Uniform Building Code
17 section 106.1 and
1 S i) Relocating the structure out of setback; or
19 ii) Obtaining a maintenance easement agreement and providing a copy
20 of same to the Planning Department along with building permit
21 submittal.
22 3. If the nuisance is not voluntarily abated in the manner provided above,
23 representatives of the Building Division and/or Planning Department are hereby
24 authorized to abate said nuisance by removing the entire structure.
25 4. The City Attorney is hereby authorized to take all necessary and appropriate legal
26 actions to effect the abatement of the nuisance and seek fees and costs.
27 5. Notice of this resolution shall be given to the property owner by depositing a copy
28 of the same in the United States Postal Service, first class mail, postage prepaid,
29 and by posting a copy on the property within thirty (30) days of the date of its
30 enactment.
Reso. 97-20 NCS Page 2 of 3
1 6. The cost of said abatement proceedings to date, and any future abatement action
2 undertaken by the City or its designees, shall be assessed against the property in
3 accordance with the provisions set forth in Petaluma Municipal Code sections
4 1.15.080-1.15.100.
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18 reso
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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) (1?ld>otslSmtsd$1487ak meeting fO~
on the ..21St day of ........_January................................, 19.97.., by the ~
following vote: - ~ ~
City Attorney
AYES: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
NOES: None
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ABSENT: None
_'~G~~~Y~~~~
ATTEST: -
City Clerk Ma or
Cbmcil File
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